Tyson Foods settles lawsuit against epileptic applicant

by Administrator 27. February 2012 07:14

This month, a lawsuit filed by the Equal Employment Opportunity Commission against Tyson Foods Inc. was settled for $35,000. The case involved a man with epilepsy who had applied to work in a maintenance position, but was denied employment based soley on his medical condition. The applicant has been able to control his epilepsy with medication for 12 years.

According to the lawsuit, the applicant had worked for Tyson twice previously. When he went to apply again, the company had added a medical test to their hiring process. The worker agreed to be examined by a doctor for the application, but claimed that the doctor did not properly examine him, using oudated medical knowledge and judging him on his medical history. The doctor did not pass the applicant and he was unable to be hired.

With the settlement, Tyson agrees to use a different medical testing system that will allow applicants to be tested up to three times if they are not happy with the doctor paid for by the company. Compensation awarded to the worker covered damages and back pay.

If you have been discriminated against by an employer based on a disability, contact the Houston disability discrimination lawyers of Ross Law Group at 713-482-6910 to learn more about your rights.

Pharmacist sues for disability discrimination

by Administrator 6. January 2012 07:26

A pharmacist has filed a lawsuit against CVS Pharmacy Inc., her former employer, over her termination, which she claims was a form of disability discrimination.

The woman was hired in 1999 and was pharmacist-in-charge at the time of her firing. She claims that she told her supervisor about her disability and requested accomodation. The accomodation was made, but the pharmacist claims she was subjected to harassment and retaliation before she was fired in January 2011.

According to the lawsuit, the prosecution claims that her termination was in violation of the Americans with Disabilities Act. She is seeking compensation for lost wages, reinstatement or front pay, mental anguish, loss of enjoyment of life, emotional pain, inconvenience, suffering, punitive damages, court costs, and attorneys' fees. 

If you have been a victim of disability discrimination, contact the Houston disabilty discrimination attorneys of the Ross Law Group at 713-482-6910.

Diabetic Walgreens employee fired for eating a bag of chips

by Administrator 12. September 2011 06:59

A former Walgreens employee who worked as a cashier for 18 years has filed suit against Walgreen Co. after she was fired for eating a $1.39 bag of chips during one of her shifts.  The cashier -- like 8 percent of the population of the U.S. -- is diabetic and normally brought candy to work to prevent her blood sugar from dropping too low.

During one of her shifts in 2008, the Walgreens employee said she felt her blood sugar dropping but didn't have a snack with her. In a statement from the Equal Employment Opportunity Commission she states, "I knew I needed to do something quickly, so I reached for a bag of chips and paid for them as soon as I could.  I'm very upset to lose my job over this."

Despite being aware of the woman's medical condition and the fact that she paid for the bag of chips, Walgreens officials fired the 18-year employee.  The lawsuit seeks damages for back pay, punitive damages, compensation for emotional distress, and the implementation of company policies that will prevent future disability discrimination.

To speak with an experienced employment attorney about what to do if you or a loved one has experienced disability discrimination in the workplace, contact the Houston disability discrimination attorneys of Ross Law Group at 800-634-8042 today.

Dwarf fired from position as Starbucks barista, EEOC files suit

by Administrator 23. May 2011 09:50

Last week, the Equal Employment Opportunity Commission filed a disability discrimination lawsuit against Starbucks for violating the Americans with Disabilities Act by failing to provide reasonable accommodation to a woman with a dwarfism that was in training to work as a barista at a cafe in El Paso, Texas.  According to the lawsuit, the woman asked to work using a stool or step ladder and was subsequently terminated from her position after only three days of training.

The woman's employer claimed that by working with some form of accommodation, like a stool, the woman would be putting the safety of her coworkers and Starbucks customers at risk.  Title 1 of the ADA states that employers are obligated to provide reasonable accommodation to employees with disabilities or employee applicants unless providing such accommodation would cause undue hardship.

If you or someone you love has been the victim of disability discrimination, contact the Houston disability discrimination attorneys of Ross Law Group at 800-634-8042 to learn more about your rights. 

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