Real Estate Auction company, REDC Default Solutions in Irvine, California will pay $50,000 to settle a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission (EEOC) following allegations that they unlawfully failed to accommodate a disabled worker. (Civil Action No. 3:12-cv-03885-D in U.S. District Court for the Northern District of Texas).
According to the EEOC, Asset Manager, Terria Wiley went out on medical leave in March 2011 after suffering a stroke. Wiley promptly submitted a note from her doctor indicating a specific date when she would be able to return to work without restrictions. However, the EEOC charged that instead of granting the leave as a reasonable accommodation, REDC fired her.
Refusing to grant a reasonable accommodation to an individual with a disability violates the Americans with Disabilities Act (ADA).
“The EEOC brought this lawsuit because the company was unwilling to be flexible and reasonable in considering Ms. Wiley’s request for an extended leave period,” said Robert A. Canino, regional attorney for the EEOC. “Federal law gives employees with disabilities, like Ms. Wiley, a means to continue their employment with the benefit of an accommodation.”
EEOC Trial Attorney Meaghan L. Shepard said, “Accrued paid leave or additional unpaid leave can be a reasonable accommodation under the law. Ms. Wiley was able to come back and do her job at REDC, and simply required a short amount of additional time to recover from her stroke before she could do so. We are pleased to get this case settled so favorably for her.”
If you have been discriminated against or wrongfully terminated, please give my office, The Law Offices of Todd M. Friedman a call at (877) 449-8898.
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TCPA class action against the Los Angeles Times. Final approval granted 2014.
TCPA class action certified on behalf of approximately 2,000,000 class members under Rule 23(b)(2) and (b)(3). Subsequently settled on a Rule 23(b)(2) and (b)(3) basis. Final approval granted.
Unruh Act class action on behalf of approximately 240,000 consumers challenging Tinder’s age-based differential pricing for its subscription service. Final approval granted; subsequently went up on appeal.
TCPA class action alleging HD Supply sent unauthorized marketing text messages to consumers’ mobile phones without consent between October 21, 2011 and July 26, 2017. Presided over by Judge Fernando M. Olguin. Case terminated January 29, 2018.
TCPA class action against a Kansas-based payday lender alleged to have contacted consumers via prerecorded calls on their cell phones to collect alleged debts without consent. California federal judge granted final approval.
Class-wide settlement in wage and hour independent contractor misclassification class action on behalf of approximately 1,800 valet employees. Final approval granted.
Cal. Penal Code § 632.7 class action certified by contested motion under Rule 23(b)(2) and (b)(3) on behalf of over 40,000 class members whose calls were recorded without their knowledge or consent. Final approval granted.
$13 Million Class action alleging HSBC recorded consumer telephone calls without knowledge or consent in violation of California’s Privacy Statute (Penal Code § 632.7). California Federal Judge granted final approval.
One of the largest TCPA class action settlements in U.S. history at time of approval. Alleged Chase used an automatic telephone dialing system to contact consumers on their cell phones without prior express consent from July 2008 through December 2013. Settlement class included over 32 million members. Final approval granted March 2016.
Class action on behalf of over 100,000 owners of GM vehicles equipped with allegedly defective LG-manufactured batteries posing fire and safety risks. Litigation commenced December 2020. U.S. District Judge Terrence G. Berg indicated preliminary approval of the $150 million settlement.
Landmark gig-economy class action. DoorDash drivers in California and Massachusetts alleged they were wrongly classified as independent contractors rather than employees. Firm served as class counsel. Final approval granted January 13, 2022 — the largest gig-economy worker class settlement in U.S. history at the time.
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