Articles Tagged with Diabled Worker Lawsuit

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When a worker suffers an on-the-job injury, what sort of accommodation is her employer legally required to make to ensure her ability to return to work? The law is deliberately vague on this subject, generally stating that employers must make “reasonable” accommodations. Failing to do so can lead to legal headaches.

Wrongful-TerminationThat’s the case for Dignity Health in California. Dignity manages St. John’s Pleasant Valley Hospital. Virginia Hoover had been working at the hospital for approximately 24 years as a radiologic technologist. In 2014, she suffered an injury to her shoulder while moving some equipment. The hospital granted her a leave of absence for recovery.

By August 2014, Hoover was cleared to return, but she was given limitations. She wasn’t supposed to lift anything heavier than 15 pounds with her non-dominant left arm and she was not permitted to raise that arm above her head. However, Hoover claims that Dignity made no effort to accommodate these restrictions. She was fired in December 2014 after her employer concluded that she couldn’t perform her duties.

Hoover filed a lawsuit against Dignity in 2016. Recently, a jury awarded her just over one million dollars for lost wages and emotional distress. The plaintiff claimed that Dignity had wrongfully terminated her and discriminated against her based on her age. Among the claims, Hoover says that another employee with similar restrictions had been accommodated by the hospital to remain in their position.

Dignity argued that they accommodated Hoover by granting her a leave of absence and then working with her to return to her duties. However, supervisors ultimately concluded that she wasn’t capable of performing the essential functions of her job.

In such cases, the law states that employers must find alternative work for an employee, but no documents from the lawsuit indicate whether or not this was attempted.

If you are an employer and one of your workers gets injured on the job, do you know how to comply with the relevant laws? Failing to do so can result in a costly lawsuit and negative publicity. If you are an California employer or business owner with questions about on the job injuries or any legal issue feel free to contact me, attorney Richard Oppenheim at 818-461-8500 or via the Contact form on this page.

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Home improvement retail giant Lowe’s has agreed to pay an $8.6 million settlement to disabled workers that the company fired. The agreement was reached after the federal government’s Equal Employment Opportunity Commission filed a lawsuit against the company in California.

Gardne center worker in a wheelchair holding a flower pot in a greenhouse

The settlement money will be distributed to former Lowe’s employees who were fired from the company between January 1, 2004 and May 13, 2010. Eligible employees were terminated after exceeding the company’s 180-day or 240-day medical leave policy. All of the affected employees were either disabled, “regarded as” disabled or were associated with someone who was disabled.

While Lowe’s stipulated a maximum leave policy of either 180 days or 240 days, officials with the EEOC argued that the policy was not in line with the Americans with Disabilities Act, or ADA. In fact, the EEOC charged that Lowe’s “engaged in a pattern and practice of discrimination” against employees who were disabled. Moreover, the lawsuit argued that Lowe’s routinely failed to provide adequate accommodations for disabled workers.

Also as a part of the settlement agreement, Lowe’s is required to hire ADA consultants who can help to reshape the company’s leave policies and assist them to address accommodation issues. Lowe’s will be required to create a system for recording and tracking employee requests for accommodation and how those requests are dealt with. Additionally, staff and management members across the company will be asked to undergo training related to ADA issues.

Lowe’s executives argue that they revamped their leave policies and more closely examined their compliance with ADA in 2010. Nonetheless, they agreed to this settlement to further the effort to comply with all facets of the ADA.

Lowe’s situation acts as an important lesson to other employers who are not sure if they are in compliance with all applicable aspects of ADA. Hiring a consultant or seeking legal advice before a serious problem arises is the best way to avoid a costly lawsuit from the EEOC or a former employee. Proactive measures toward offering accommodations and not violating ADA medical leave policies are important for any company that is seeking long-term success.