Orange County disability discrimination

Diabetic Fired Over $1.69 Drink Awarded $277,565 in Employment Lawsuit

October 26, 2016 | by Nassiri Law

Many companies – particularly those that serve or sell any kind of food or beverages – may have strict policies about when and where employees can consume those goods and how they must pay for them. However, there may be some cases when a physical condition or illness may necessitate a reasonable accommodation that deviates from such policies. This was the case in EEOC v. Dolgen corp, LLC, dba Dollar General Corporation, recently before the U.S. District Court for the Eastern District of Tennessee.

The worker in this case was a cashier who was also a diabetic who was insulin-dependent. This condition is also referred to as Type 1 diabetes, and it occurs when the body fails to produce insulin, which is the hormone the body needs to get glucose – the simple sugar used for energy, derived from sugars and starches. A condition called hypoglycemia, also known as low blood sugar, can arise when the level of glucose in the bloodstream drops below normal. Symptoms can range from being shaky to dizzy to weak or irritable to losing consciousness or having seizures. It can even be deadly if not treated right away.

According to the Equal Employment Opportunity Commission, plaintiff had previously informed her supervisor that she was a diabetic and asked on several occasions that her supervisor let her keep a sugary drink, such as juice, near the register to help prevent a hypoglycemic episode. Her supervisor would later testify at trial that it was company policy not to allow cashiers to keep any food or drinks near the register, as it did not allow “grazing” by cashiers. However, the company did have a reasonable accommodation policy that could have allowed the worker to keep her drink near the register. Problem was that for whatever reason, the workers at this particular store – including the management – were unaware of this policy. Continue Reading ›

Disability Discrimination Settlement $90K Against Wal-Mart

August 23, 2016 | by Nassiri Law

Disability discrimination against a Wal-Mart employee could have been avoided had management simply agreed to continue to accommodate the worker with a written list of daily tasks. Instead, court records show, managers chose to fire the intellectually disabled worker – even though he’d been employed by the company for 18 years.

Now, the store has agreed to settle the case by paying $90,000 to its former employee. The settlement was reached with the assistance of the Equal Employment Opportunity Commission (EEOC), which helped the worker filed the case.

According to the lawsuit, EEOC v. Wal-Mart Stores, Inc., it was alleged the worker had previously been able to meet the expectations of the company with the help of the store’s long-standing practice of writing out his daily assignments for him. It had been key to allowing him to successfully perform his duties. Continue Reading ›

Disability Discrimination Lawsuit Settled by Lowe’s for $8.6M

June 12, 2016 | by Nassiri Law

National home improvement chain Lowe’s has agreed to pay nearly $9 million to settle a claim of disability discrimination alleged by regional attorneys at the EEOC’s Los Angles District Office.

The North Carolina-based chain, which owns some 1,840 stores across the country, reportedly acted unlawfully by firing workers who had been on medical leave.

According to the Equal Employment Opportunity Commission‘s news release, the company violated the Americans With Disability Act (ADA) by terminating workers who had been on lengthy medical leave. Those who were fired had absences that exceeded the company’s internal 180- or 240-day maximum allowable leave policy. Continue Reading ›

McDonald’s Franchise Owner Sued by EEOC for Disability Discrimination

November 16, 2014 | by Nassiri Law

The American Disabilities Act protects individuals who suffer from physical or mental disabilities against discrimination. According to reports from the Equal Employment Opportunity Commission , the owner of a McDonald’s franchise in Oakhurst and the affiliated property management company illegally discriminated against an employee because of his cerebral palsy. EEOC reports indicate the worker suffered unlawful demotion and was forced to quit. In response, the EEOC has filed a disability discrimination lawsuit against McDonald’s.

The EEOC is the federal agency charged with ensuring compliance with federal labor and employment laws. According to the agency, the employee had worked for a prior owner of the Oakhurst McDonald’s without facing any difficulties or discrimination since he was first hired in 2006. He was a valued employee and was even promoted from a crew member to a floor supervisor after two years of working at the location. Co-workers and former supervisors regarded him as a highly capable and a good employee.

In January 2008, Alia Corporation assumed control of the restaurant. The company owns and operates over 20 McDonalds’ franchises throughout the Central California area. Within a few months of taking over the Oakhurst location, the management company demoted the employee to janitorial duties, reduced his hours and cut his wages. The EEOC reports as a result in the significant loss of wages, the employee was forced to quit less than six months after the Alia Corporation take over.