The United States Equal Employment Opportunity Commission (EEOC) issued four revised documents regarding protection against disability discrimination, consistent with the agency’s strategic plan to provide up-to-date clarification regarding the requirements of antidiscrimination laws.
The EEOC’s documents address how the Americans with Disabilities Act (ADA) applies to applicants and employees with cancer, diabetes, epilepsy, and intellectual disabilities.
“Nearly 34 million Americans have been diagnosed with cancer, diabetes, or epilepsy, and more than 2 million have an intellectual disability,” said EEOC Chair Jacqueline A. Berrien. While there is a considerable amount of general information available about the ADA, many people are still unsure about how the ADA applies to these conditions.
The revised documents offer clarification and reflect the changes to the definition of disability made by the ADA Amendments Act (ADAAA) that make it easier to conclude that individuals with a wide range of impairments, including cancer, diabetes, epilepsy, and intellectual disabilities, are protected by the ADA.
The documents also answer questions about topics such as:
When and how an employer may obtain medical information from job applicants and employees. An employer may not ask a job applicant to answer medical questions or take a medical exam before extending a job offer. However, an employer may ask job applicants whether they can perform the job and how they would perform the job, with or without a reasonable accommodation.
What types of reasonable accommodations individuals with these particular disabilities might need. An employer may not refuse to provide an accommodation just because it costs money. However, an employer does not have to provide an accommodation if doing so would cause an undue hardship.A reasonable accommodation is an adjustment to a work environment that permits a qualified applicant or employee with a disability to enjoy the benefits and privileges of employment equal to those enjoyed by employees without disabilities. Reasonable accommodation may include:
acquiring or modifying equipment or devices.
job restructuring.
modified of an employees work schedules
making the workplace readily accessible to and usable by people with disabilities
What an employer should do to prevent and correct disability harassment.
If you have been the victim of discrimination or wrongful termination, please call California Employment Attorney, Todd M. Friedman for a free consultation.
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Settlement
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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