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Jack Epter, a New York City Transit Authority clerk, applied for a promotion to station supervisor. Because the job was physically demanding, the Transit Authority required applicants to pass a physical exam. Applicants over 40 years old also had to undergo an EKG, something younger applicants had to do only if their physical exam or […]
Over the last several years, the U.S. Supreme Court has issued a string of decisions limiting the rights of state employees to sue their state employers for violating federal employment laws. Now a new high court decision continues the trend, ruling that state employees can’t recover damages for disability discrimination under the Americans with Disabilities […]
Last year, the federal Ninth Circuit Court of Appeals ruled that under the Americans with Disabilities Act, a seniority system must give way to accommodations unless they cause an undue hardship. The case involved an employer-created seniority system, but it left open the question of its application to seniority provisions contained in union contracts. Now, […]
Many employers don’t know they may have Americans with Disabilities Act obligations when they hire temps or other contingent workers through a staffing agency. New Equal Employment Opportunity Commission guidelines hold employers and staffing agencies—including temporary employment agencies, contract firms and employee leasing companies—jointly responsible for ADA compliance. Employment Offers And Disability-Related Questions The staffing […]
Zenaida Garcia-Ayala was working as a secretary for drug manufacturer Lederle Parenterals Inc. when she was diagnosed with breast cancer. Lederle held her job open during several disability leaves while she underwent multiple surgeries, chemotherapy and ultimately a bone marrow transplant. But when Garcia-Ayala’s leave finally ran out, the company fired her. She then filed […]
The Equal Employment Opportunity Commission recently issued new guidelines explaining how federal employment discrimination laws apply to employee benefits. Last month we examined the rules regarding age discrimination. This month we look at the EEOC guidelines dealing with disability and pregnancy discrimination.
Gov. Davis has signed into law a sweeping measure, A.B. 2222, that strengthens the disability discrimination protections for California employees. Because the new law—which goes into effect Jan. 1, 2001—could bring a flood of new disability-bias lawsuits, it’s more important than ever to use caution when handling accommodation issues.
When Eugene Quinn applied to be a Los Angeles police officer, he failed the medical exam because of a hearing impairment. But due to a clerical error, he was told to report for further training exams, which he passed. Quinn graduated from the police academy and was assigned to patrol duty before his hearing problem […]
A hearing-impaired worker in Los Angeles who requested a sign language interpreter for meetings–and instead was allegedly told by her supervisors to read lips and try harder–will receive $100,000 to settle her claim that her employer failed to accommodate her under the Americans with Disabilities Act. In a confidential settlement, the government employer also agreed […]
Our cover stories for the July 2000 issue of California Employer Advisor deal with two important cases that may have a significant impact on employers. In one, the California Supreme Court ruled that you have the right to rescind or change personnel policies covering terms of employment. But the court set out several steps you […]