Total Articles: 7
Ogletree Deakins • January 07, 2018
In a proposed consent decree submitted for preliminary approval to the federal district court in Denver on December 29, 2017, the owners and operators of the Pepsi Center arena in Denver reached an agreement with a proposed class of deaf and hard of hearing plaintiffs to provide open captioning of all aural (spoken or heard) content at games played and concerts held at the arena. Kurlander v. Kroenke Arena Company, LLC, U.S.D.C. D. Colo. Case No. 16-cv-02754-WYD-NYW.
Nexsen Pruet • April 12, 2017
From agoraphobia to xenophobia, employers should be well aware that there is a long list of phobias—including more common disorders such as social anxiety disorder—that can be considered disabilities under the Americans with Disabilities Act (ADA). Recently, however, the Second Circuit Court of Appeals overturned a $1.8 million jury verdict and ruled that a drug store chain did not violate the ADA when it terminated a pharmacist who suffered from trypanophobia—a fear of needles. The case, Stevens v. Rite Aid Corporation, No. 15-277(L) (2nd Cir. Mar. 21, 2017), arose from Rite Aid’s 2011 decision to require all pharmacists to give immunization injections to customers.
Ogletree Deakins • December 04, 2015
In the last couple of years, pursuant to the Americans with Disabilities Act (ADA), the U.S. Equal Employment Opportunity Commission (EEOC) has prosecuted at least 12 lawsuits on behalf of deaf or hard-of-hearing employees or job applicants. And, within the last 10 years, the U.S. Department of Justice has litigated and/or settled close to 40 cases involving the failure to adequately accommodate deaf or hard-of-hearing individuals under Titles II or III of the ADA. A jury trial in one such case brought by the EEOC started this week in Sacramento, California. The case includes a claim that, while the employer previously provided an American Sign Language (ASL) interpreter for the employee at certain times during the workday, a new manager provided only “fingerspelling” (i.e., the actual spelling of words, letter by letter) instead of ASL for communication.
Jackson Lewis P.C. • August 25, 2015
Denying a nursing home’s motion for summary judgment, a federal court in Tennessee has allowed a nurse who suffered from impaired vision to proceed with her age and disability discrimination claims and a claim for retaliation. Harris v. MatureCare of Standifer Place, LLC d/b/a The Health Center at Standifer Place, C.A. No. 1:14-CV-64 (E.D. Tenn. Aug. 5, 2015).
Ogletree Deakins • April 21, 2015
An employee who was fired after asking to be reassigned to a role with less direct personal interaction as an accommodation for her social anxiety disorder has been allowed by the Fourth Circuit Court of Appeals to take her case to a jury. Jacobs v. N.C. Administrative Office of the Courts, No. 13-2212 (March 12, 2015).
Ogletree Deakins • March 23, 2015
An employee fired after asking to be reassigned to a role with less direct personal interaction as an accommodation for her “social anxiety disorder” is being allowed by the 4th U.S. Circuit Court of Appeals to take her case to a jury. Jacobs v. N.C. Administrative Office of the Courts, 4th Circ., No. 13-2212, March 12, 2015.
Ogletree Deakins • April 22, 2013
A federal court in the Eastern District of Pennsylvania granted summary judgment for a newspaper/employer who had been sued after the lay-off of a female page designer who claimed that she was let go because of her gender and her deafness in one ear. Mengel v. Reading Eagle Company, EDPA, No. 11-6151 (March 28, 2013).