Category Disability

Vernace v. Port Authority

Employers cannot retaliate or discriminate against an employee who has filed a complaint with the Occupational Safety and Health Administration (OSHA) under the Federal Rail Safety Act of 1982 (FRSA). Laura Vernace filed a complaint with OSHA alleging that the Port Authority Trans-Hudson Corporation (PATH), her employer, retaliated against her by intimidating and threatening her […]

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CVS To Penalize Workers Who Do Not Share Private Health Statistics

By Joanna Solloway CVS has recently implemented a new policy that requires employees to report health information including height, weight, body fat, blood pressure, and other health indicators.  Those employees who refuse to submit such information will be fined $50/month.  Such policies are not uncommon among employers looking to cut healthcare costs.  Some companies already […]

Leeson v. Transamerica Disability Income Plan

Whether a litigant is a participant for purposes of Employment Retirement Income Security (“ERISA”) is a substantive element of their claim, not a prerequisite for subject matter jurisdiction.  After separating from an employer Petitioner Jack Leeson (“Leeson”), a former employee of Respondent Transamerica Corporation, filed an action under ERISA to challenge the termination of his […]

Peter J. Vandermeer v. Lincoln Hockey, LLC

When an individual suffers from permanent partial disability due to a work injury, he will be given compensation pursuant to a reasonable percentage determination of permanent partial disability. Vandermeer claimed thirty-six percent permanent partial disability after he fractured his leg during a hockey game with the Hershey Bears when an opposing player “body checked” him […]

Michael Kohner v. Lahood, Secretary, Department of Transportation, Agency

Upon review of the Agency’s efforts to provide disabled Federal Aviation Administration (FAA) employee Michael Kohner with reasonable accommodation as required under the Rehabilitation Act of 1973, the EEOC upheld summary dismissal of Kohner’s discrimination claim because Kohner’s case did not present a genuine issue of material fact. Kohner, a seasoned employee of the FAA, […]

Felicia Coleman v. Ray Mabus, Secretary of the Navy

The Navy improperly dismissed Complainant Coleman’s claims of harassment and discrimination because the agency failed to address the pattern of harassment and instead focused on each detailed incident individually. Coleman, a female Police Officer at the Navy Yard facility in Washington DC, submitted a complaint to the Navy detailing a pattern of harassment and discrimination […]

“Honest Belief” May Shield Employers

Recently, in Seeger v. Cincinnati Bell Telephone Co.(CBT),  the Sixth Circuit Court of Appeals held that CBT’s “honest belief” that Seeger had engaged in disability fraud shielded it from liability for retaliatory termination under the Family Medical Leave Act (FMLA). Seeger, a long time employee with CBT, developed a herniated disc in August 2007, and […]

Atlanta PD Refuses to Hire Man Allegedly Because He Has HIV

An Atlanta man has alleged that the Atlanta Police Department (APD) has violated federal law and not hired him because he is HIV positive. Roe, a pseudonym to protect his future employment interests, originally filed a claim in September 2008 with the U.S. District Court for the Northern District Court of Georgia claiming hiring discrimination […]

NPR: Justices Rule Ministers Exempt from Anti-Bias Laws

The U.S. Supreme Court for the first time has declared that the Constitution exempts ministers from the nation’s anti-discrimination laws. Wednesday’s decision was unanimous and groundbreaking — but it left unresolved some of the thorniest questions in determining who is a minister and who is not. The court’s ruling came in the case of Cheryl […]

Ex-Univers​ity Worker Wins $1M In Disability Bias Suit

Last week, a jury for a federal court in Iowa awarded a former Upper Iowa University employee $1.1 million in back pay and damages.  Lynne Seabrooke, 51, was a Registrar in the International Affairs office at the university and was fired.  She successfully argued that the University failed to honor her requests for disability accommodation, […]