Archive for the ‘Disability’ Category
June 7th, 2010It is a crime to try and discriminate a person all because they have a disability. Looking for a job, going to work, when subordinating someone or when you are underestimating their capability because of their disability is discrimination. A disabled person who is purchasing something he can’t use, or something he CAN use and then not being serviced by a company or by the seller can be considered discrimination.
But unlike other cases of discrimination, there are some cases wherein discrimination IS permitted. A person who is handicapped from walking is of course, given special thought and decision whether to be allowed to own and use a car. A blind person may not be allowed access to public transportation too, on account that it can be quite dangerous for said person.
But how would you define disability? Pointing out which person is disabled and which is not ain’t a matter of relativity and personal opinion. There are certain criteria and guidelines followed that can determine a person to be disabled or not. Disability comes from the root phrase with the definition of “having an ability removed.” This ability may or may not affect the person’s normal routines from when he was still normally living.
A legally disabled person is someone who has impairments either in the mind or in the body. The loss of sight, or blindness is considered a disability. The loss of hearing is a disability. The loss of sanity is, yes, a disability. Dyslexia, too, is considered a disability. Disfigurement like burns or amputation can be a form of disability as well.
Progressive sickness such as AIDS or sclerosis is a special type of disability. They get worse over time. Once a person is diagnosed to have progressive diseases, he or she is considered disabled upon diagnosis. This is an expectation of disability, and even though if the person is still feeling well, can be subjected to benefits and special or legal discrimination.
To find out exactly how employee bullying works, visit this website about what you can do to protect yourself..
May 19th, 2010
PRESS RELEASE
4-8-10
Employee With Lupus, Breathing Problems and Enlarged Heart Denied Any Accommodation, Federal Agency Charged
NASHVILLE – Celestica Inc., a Canadian electronics manufacturer service company doing business in the United States as Celestica Corporation, will pay $102,100 and provide other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
The EEOC’s suit (No. 3:09-0813, filed in the U.S. District Court for the Middle District of Tennessee) had charged that Celestica willfully ignored requests for reasonable accommodations under the Americans With Disabilities Act (ADA). An employee, hired through a placement agency, worked inside a 400,000-square-foot warehouse in Mt. Juliet, Tenn., operated by Celestica. She has lupus, chronic obstructive pulmonary disease and cardiomyopathy. She requested use of her own electric wheelchair to get to her desk inside the warehouse from a handicapped parking space close to the side entrance. Although the placement agency allowed use of the wheelchair, Celestica ignored her requests and acted as if they had never occurred, the EEOC said. She continued working for a few months without any accommodation, but ultimately quit.
Denial of a reasonable accommodation to an otherwise qualified individual with a disability violates Title I of the ADA, unless providing the accommodation would pose an undue hardship. The EEOC filed suit after first attempting to reach a voluntary settlement.
Besides providing monetary relief, the two-year consent decree settling the suit, signed by Judge Todd Campbell on April 7, 2010, enjoins Celestica from further refusing or ignoring any request from an individual with a disability for a reasonable accommodation; requires the company to issue its policy regarding reasonable accommodations under the ADA to all employees in the United States; train its site managers and human resources managers on reasonable accommodations; report requests for reasonable accommodations to the EEOC; have the trainer administer a test after the training and review the test results with the trainees; and post notices on the settlement and the ADA.
“Employers cannot simply ignore requests for reasonable accommodations of a qualified individual with a disability,” said Faye A. Williams, the EEOC regional attorney for the Memphis District Office. “Rather, they must take an active role in determining whether the accommodation can be provided or whether it would impose an undue hardship. We are pleased that Celestica joined us in a quick resolution to save all parties time and expense.”
Celestica, Inc., located in Toronto, Canada, is a global provider of services for electronics manufacturers. It has over 38,000 employees worldwide.
The EEOC is responsible for enforcing the nation’s laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
May 18th, 2010
PRESS RELEASE
4-6-10
Meat Processor Violated Federal Law by Refusing to Rehire Epileptic Employee Because of His Disability, Federal Agency Charges
KANSAS CITY, Mo. – The U.S. Equal Employment Opportunity Commission (EEOC) today announced that it has filed a disability discrimination lawsuit against global meat processor Tyson Foods, Inc. The suit alleges that Tyson refused to rehire an employee at its Sedalia, Mo., location for a full-time position in the maintenance department because of his epilepsy.
The EEOC’s lawsuit charged that Tyson violated civil rights laws in May 2008 when the company revoked the offer of employment it extended to Mark White after the company doctor learned of his epilepsy and asserted his belief that there was no job White could perform at Tyson with that disability. At the time of his application, White had not had a seizure in over 15 years. White also had successfully worked at Tyson in the maintenance department on two prior occasions after he was diagnosed with epilepsy but before the company had hired a doctor to perform medical screenings.
Disability discrimination violates the Americans With Disabilities Act (ADA). The suit seeks back pay, compensatory and punitive damages, and injunctive relief. The EEOC filed suit (EEOC v. Tyson Foods, Inc., Case No. 2:10-cv-04072-NKL) in U.S. District Court for the Western District of Missouri only after investigating White’s charge of discrimination, finding merit, and attempting to reach a pre-litigation settlement through the agency’s conciliation process.
“It is illegal for a company to refuse to employ a disabled person while assuming the person cannot perform the job,” said Barbara A. Seely, regional attorney of the EEOC’s St. Louis District Office. “This is true whether it is the company doctor or a member of management who is making the assumption. All applicants must be evaluated based on their individual capabilities and skills, not stereotypes.”
According to company information, Tyson Foods, headquartered in Springdale, Ark., is one of the world’s largest processors and marketers of chicken, beef and pork. The company employs over 117,000 people at more than 400 facilities and offices in the United States and around the world.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available on its web site at www.eeoc.gov.
