disability discrimination

$1.13 Million Verdict for Ecuadorian Engineer in Discrimination Lawsuit

August 26, 2014 | by Nassiri Law

The numerical value of a settlement or verdict in a discrimination lawsuit can vary widely. Damages will often incorporate lost wages, emotional distress, and other personal or financial losses related to the discrimination. In one recent case, a Santa Barbara jury awarded a plaintiff from Ecuador $1.13 million in his discrimination lawsuit against Teledyne Reson Inc. The verdict was handed down three years after the lawsuit was filed and three weeks after a jury trial. According to reports and statements from the EEOC, the victim was finally vindicated after being terminated without warning in 2011.

The discrimination case arose after the victim reported that he was underpaid, unfairly denied promotions and misled by executives. When he was ultimately terminated without explanation, the engineer and victim sought legal recourse. Our Orange County race discrimination attorneys understand the complex nature of employment disputes and will explore every opportunity to protect the rights of our clients. When you have suffered illegal misconduct in the workplace, it is important to consult with an experienced advocate who can effectively protect your rights and achieve optimal results in your case.

In this case, the plaintiff was an engineer who held a master’s degree and a Ph.D. in engineering. Formerly a professor at Santa Barbara City College, he was hired by the Denmark company Reson in 1992. The company grew over the 20-plus years of his employment until it finally merged with Teledyne technologies in 2013. An attorney for the plaintiff argued that there was rampant discrimination in the company and at the executive level, actively favoring less qualified Danish employees over more senior and qualified members of the staff. Within the company there was an understanding that those who had Danish passports would never be terminated regardless of how they performed.

EEOC Files Lawsuit Against Wal-Mart

April 2, 2014 | by Nassiri Law

The Equal Opportunity Employment Commission (EEOC) has filed a disability discrimination lawsuit against Wal-Mart.

A consultation with an experienced Costa Mesa employment lawyer could help you decide if you have been illegally discriminated against by an employer because of a disability.

According to a report on the lawsuit, Wal-Mart violated federal law after refusing to hire a prospective employee who suffers from renal disease and required “reasonable accommodation” to perform during the application process.

Infertility is Ground for a Disability Claim Under the ADA

February 3, 2014 | by Nassiri Law

Employers have had a history of causing trouble for themselves regarding pregnancy discrimination. However, the Equal Employment Opportunity Commission reports that individuals who are undergoing infertility treatments may be protected by the Americans with Disabilities Act, also known as ADA.

Our employment lawyers in Orange County are aware that infertility treatments can be a source of discrimination for various employers.

In a particular case taken on by the EEOC, a resort retailer in Hawaii was forced to pay $60,000 due to discrimination against a worker who had fertility treatments and eventually became pregnant. The EEOC purported that evidence in the case revealed that an official at the retailer initially made comments that were offensive when the employee reported that she required fertility treatments.

California Man Files Disability and Age Discrimination Suit

January 5, 2014 | by Nassiri Law

According to TheCalifornian.com, a man who was employed as a maintenance worker recently filed a suit alleging he was illegally terminated.

Our Costa Mesa disability discrimination lawyers know that employers will sometimes take advantage of both disabled and older workers and may even terminate them in violation of the law.

The worker filed a 15-page complaint and demanded a jury trial for the employer’s actions and the resulting termination. The man was older than 55 years of age and had an injured back.

Disability Discrimination Lawsuits Proliferate Nationwide

November 1, 2013 | by Nassiri Law

A number of high-profile disability discrimination lawsuits across the country are an important reminder of the fact that although we have made a great deal of progress in this arena, we still have a far way to go.

Here in California, the Fair Employment Housing Act, enforced by the state’s Department of Fair Employment and Housing, bars employment discrimination on the basis of a person’s disability or even a perceived disability.

There are also requirements that hold employers to an expectation that they will reasonably act to accommodate workers with physical or mental disabilities and illnesses such as HIV/AIDS and cancer. In those cases where an employer fails to do this, the burden of proof is on the employer to show why doing so would cause an undue hardship.

California Disability Discrimination Alleged at Agricultural Employer

October 6, 2013 | by Nassiri Law

A California agricultural firm based on the U.S./Mexican border is accused of discriminating against workers on the basis of disability and genetic information – in stark contrast to the protections outlined by Title IV of the Civil Rights Act.

Our Costa Mesa disability discrimination attorneys understand that the company had a routine practice of requiring job applicants to undergo physical exams and questions about their medical conditions. Job hopefuls were also required to disclose what should have been confidential information about their family’s medical history (this is sometimes referred to as genetic information). Such inquiries were a condition of employment, and they are illegal under state law.

In at least one instance identified by the U.S. Equal Employment Opportunity Commission, an applicant was rejected as a result of these against-the-law inquiries. In that case, the worker had been in a temporary post for a number of months when he applied for a permanent position as a dispatcher in El Centro. The applicant was told he would be placed into the applicant pool following a drug test and physical examination.

Disability Discrimination Proliferates Nationwide

August 28, 2013 | by Nassiri Law

It’s been nearly a quarter century since the passage of the Americans with Disabilities Act. One would think the learning curve would be over.

And yet, our Orange County workplace disability lawyers hear daily about cases in which workers with disabilities have been treated unfairly. Just in the last month, the U.S. Equal Employment Opportunity Commission has posted news of dozens of cases of discrimination based on disability across the country.

We’ve taken a sample of these to highlight, just to offer up some examples to help you recognize discrimination disability when you encounter it.

Disability Discrimination Affects Many Returning War Veterans

August 17, 2013 | by Nassiri Law

A federal trial is pending in a case of alleged disability discrimination by the nation’s highest law enforcement agency, the Federal Bureau of Investigations.

In the case of Slaby v. Holder, U.S. District Court for the District of Columbia, a wounded U.S. Army veteran is suing the FBI for disability discrimination after it denied him status as a special agent.

According to court records, the plaintiff, Justin Slaby, had his left hand blown off by a defective grenade in 2004, during a training accident. He was subsequently outfitted with a prosthetic hand, which allowed him full function of his extremities.

Disability Discrimination Lawsuit Settled for $91K

July 10, 2013 | by Nassiri Law

A Midwest power grid operator will need to pay $91,000 to settle a lawsuit with the Equal Employment Opportunity Commission over a claim that it discriminated against an employee who suffered a disability.

Our Costa Mesa employment lawyers find this case interesting for a number of reasons, the first of which is that the disability was not one that might be readily known or acknowledged by some employers.

This is becoming increasingly relevant as our understanding of what constitutes as a disability expands, particularly to include ailments relating to mental and emotional health. In the past, our concept of disability was often limited to obvious physical conditions and ailments. However, just because one’s debilitating condition is not visibly apparent, does not make it any less legitimate or worthy of employer consideration and concessions under the Americans with Disabilities Act, as this case clearly illustrates.