Human Resource & Payroll Services And Solutions - Houston, Dallas, Austin - Texas www.hrp.net. According to federal statistics, there are an increasing number of employers being charged with discriminating against disabled employees and job applicants. In fact, the number of cases filed during 2012 was the highest since the EEOC began enforcing the Americans with Disabilities Act in 1992. Here are six recent examples of EEOC actions against employers charged with discriminating against disabled employees or not providing reasonable accommodations.

1. Toll Free: 877.880.4477
Phone: 281.880.6525
www.hrp.net
Employers: Understand When
Disability Discrimination Occurs

2. In multiple cases this summer, the
Equal Employment Opportunity
Commission (EEOC) has taken action
against employers for allegedly
discriminating against disabled
individuals.
This follows an increase in the number
of disability discrimination charges
filed during the previous six years (see
right-hand box). The EEOC has not
given a reason for the increase but
most HR professionals and
employment law experts attribute it to
factors including the aging population
and an expanded disability definition
that went into effect in January 2009.
www.hrp.net
»

3. Under federal law, disability discrimination can occur when:
www.hrp.net
»
• An employer or other entity covered by the law treats a qualified employee
or applicant unfavorably because he or she has a disability.
• An individual is treated less favorably because he or she has a history of a
disability (such as cancer that is controlled or in remission).
• A person is believed to have a physical or mental impairment that is not
transitory (lasting or expected to last six months or less) and minor -- even if
he or she does not have such an impairment.
• An individual is treated unfavorably based on his or her relationship with a
disabled person. For example, it is illegal to discriminate against an employee
because a child or spouse has a disability.

4. The federal Americans with Disabilities Act requires covered employers to
provide reasonable accommodations to employees and applicants with
disabilities, unless doing so would cause significant difficulty or expense for
the employer.
www.hrp.net
»

5. Here are six recent disability discrimination cases, according to the EEOC :
www.hrp.net
»
11 Employee fired hours after starting. A Pennsylvania provider of industrial
cleaning, facility management and labor support services fired an
employee because of his disability in violation of federal law, the U.S. EEOC
charged in a lawsuit announced July 16.
According to the lawsuit, Todd Semko was hired by the company as a
laborer. In a medical questionnaire form, he revealed he has an
implanted, battery-powered Transcutaneous Electrical Nerve Stimulation
(TENS) unit in his lower back for a back impairment. Semko also noted on
the form that he didn't need any job modifications or accommodations to
perform the functions of the job.
On his first day, the company placed Semko in a training class. But about
two hours later, he was unexpectedly summoned from the class to speak
with an occupational health nurse by phone. According to the EEOC, the
nurse asked the employee about his TENS unit and told him he wouldn't
be able to charge it at the steel plant where he would likely be assigned

6. www.hrp.net
Semko responded that he charged the unit at home and it held a charge
for months so he wouldn't need to recharge it at work. Semko also
informed the nurse that he was medically cleared to work with no
restrictions, but the nurse told him that he couldn't be employed because
the company couldn't guarantee a place for him to charge the TENS unit.
Company records show that it discharged Semko hours after hiring him
because he was deemed "not medically qualified" by its nurse. The
company never requested any additional medical information from
Semko's doctor regarding his condition, the EEOC stated. (MPW Industrial
Services, Inc., No. 2:13-cv-01011)

7. 22 Employee with prosthetic leg terminated. One of the nation's largest
commercial staffing companies will pay $100,000 under a consent decree
entered June 25, which ended a disability discrimination lawsuit brought
by the EEOC.
The EEOC alleged the company violated the Americans with Disabilities
Act when it terminated a woman with a prosthetic leg because of her
disability.
The staffing firm assigned Dorothy Shanks to work at an Illinois facility
inspecting Sony televisions on a temporary basis. On Shanks's second day
on the job, according to the EEOC, a company employee told her that she
was being removed from the work site because they did not want anyone
to bump into her or knock her down. The EEOC alleged that Shanks was
told the company would find her another placement, but she was never
sent on another assignment following the termination.
The EEOC also sued Sony, based on allegations that its manager requested
Shanks's removal from the assignment. EEOC's case against Sony is still
pending. (Staffmark Investment LLC and Sony Electronics, Inc., No. 12-cv-
9628)
www.hrp.net

8. 33 Power company settles lawsuit over employee with postpartum
depression. An Indiana power grid operator for much of the Midwest will
pay $90,500 and furnish other relief to settle a disability discrimination
lawsuit by the EEOC, the agency announced July 11.
www.hrp.net
According to the EEOC's suit, a power company employee suffered from
postpartum depression, a condition the employee made known to the
company. When she requested leave time to help her resolve the
condition -- leave that was available under the company's policies -- the
company denied her request and fired her for lack of attendance. The
employee then filed a discrimination charge with the EEOC.
The company waited more than a month after the employee's anticipated
return-to-work date to fill the position, and then allowed the new
employee to delay her own start date by another three months. According
to the EEOC, this was done in spite of the company insisting that having an
employee in the position was critical.

9. www.hrp.net
Although postpartum depression is not a permanent condition, the EEOC
stated that it substantially limited more than one of the employee's major
life activities for several months when the company fired her. This is one of
the touchstones of disability under the ADA. The effects of an impairment
expected to last less than six months can still be substantially limiting under
the ADA. (Midcontinent Independent Transmission System Operator, No.
1:11-cv-01703)

10. 44 Bookkeeper with vision impairment fired. A California management
consulting company violated federal law when it failed to accommodate
an employee with retinitis pigmentosa and then subsequently fired him
because of his disability, the EEOC charged in a lawsuit filed July 3.
www.hrp.net
According to the EEOC, Farhang Dahmubed was hired as a senior
bookkeeper at Riviera Consulting & Management Consulting, LLC. He told
his employer about his vision condition within the first week of his
employment. To accommodate his impairment, Dahmubed arranged (on
his own initiative) for additional light near his immediate workspace.
However, approximately one month later, his supervisor and the owner
informed the employee that he was being terminated due to his inability
to drive to deliver paychecks and pick up mail. The EEOC asserts this was
the first time driving was raised as a job requirement, and although the
employee suggested possible solutions to accomplish these tasks, the
company refused to consider any accommodations and instead fired him.

11. 55 Employee denied accommodation and fired. An Ohio medical
transportation services company violated federal law by denying a
reasonable accommodation to, and subsequently firing, an employee
because of his multiple sclerosis, the EEOC charged in a lawsuit announced
July 2.
www.hrp.net
According to the EEOC's suit, John Adair worked at the company since
2009 as an EMT-paramedic. From March to October 2010, Adair requested
additional leave as a reasonable accommodation for his MS, but instead
was issued disciplinary actions for absences related to his disability. In
October 2010, Adair requested, as a reasonable accommodation,
additional points under the company's no-fault attendance policy. The
company responded to the request for accommodation by firing Adair, the
EEOC stated. (Lifecare Medical Services Inc., No. 5:13-cv-01447)

12. 55 Employee denied accommodation and fired. An Ohio medical
transportation services company violated federal law by denying a
reasonable accommodation to, and subsequently firing, an employee
because of his multiple sclerosis, the EEOC charged in a lawsuit announced
July 2.
www.hrp.net
According to the EEOC's suit, John Adair worked at the company since
2009 as an EMT-paramedic. From March to October 2010, Adair requested
additional leave as a reasonable accommodation for his MS, but instead
was issued disciplinary actions for absences related to his disability. In
October 2010, Adair requested, as a reasonable accommodation,
additional points under the company's no-fault attendance policy. The
company responded to the request for accommodation by firing Adair, the
EEOC stated. (Lifecare Medical Services Inc., No. 5:13-cv-01447)

13. 66 Employee with arthritis fired after requesting accommodation. A medical
services provider serving the Detroit metropolitan region violated federal
law by both denying a disabled employee a reasonable accommodation
and firing her because of her disability, the EEOC alleged in a lawsuit filed
June 26.
www.hrp.net
According to the EEOC's suit, Gloria Bowens worked for the organization as
a medical biller. She requested a two-week leave of absence to
accommodate her rheumatoid arthritis. The medical provider denied her
leave request and discharged her because of her disability.
The lawsuit seeks back pay, as well as compensatory and punitive
damages. (Detroit Community Health Connection, No. 2:13-cv-12801)
For more information about complying with the ADA, consult with your HR
professional and employment attorney or click hereto read "A Primer for Small
Business" from the EEOC.

14. 14550 Torrey Chase Blvd., Ste. 360 Houston, TX 77014 USA
www.hrp.net
E-mail : info@hrp.net
Toll Free
Phone
Fax
:
:
:
877.880.4477
281.880.6525
281.866.9426