BC, workplace accommodations, EEO/discrimination, etc

Lumpie

Some may find this briefing on air carrier accommodations, The Air Carrier Access Act of 1986 (ACAA), helpful:

http://rtcil.drupal.ku.edu/sites/rtcil.drupal.ku.edu/files/docs/Air%20Carrier%20Access%20Act%20ACAA%20fact%20sheet.pdf

Lumpie

DOT Seeks Input on an Accessible Automated Vehicle Challenge

The U.S. Department of Transportation is requesting input on a proposed inclusive design challenge related to the accessibility of automated vehicles (AVs). The challenge will seek solutions to obstacles faced by individuals with physical, sensory, and/or cognitive disabilities who may ride in or operate AVs. Comments must be submitted by January 31, 2020.

https://www.federalregister.gov/documents/2020/01/07/2020-00009/request-for-information-rfi-for-the-inclusive-design-challenge

Lumpie

It's Time To Explore The Unique And Conflicting Narratives Of Disability Issues

In at least one way, disability issues are the same as any other issue. Facts and details are important, but they don't explain the full range of debated approaches and priorities. Powerful narratives are also involved … some truthful and drawn from genuine, lived experience of disability, others dishonest or based on fear and prejudice.

The increased prominence of disability issues in the 2020 Election campaign makes understanding these narratives more important than ever.

Here are four disability issues that are getting some attention right now, along with suggestions about the competing disability narratives that lie underneath the facts, assertions, and arguments of each one.

https://www.forbes.com/sites/andrewpulrang/2020/01...

{Includes links to presidential campaign info on positions on disability.}

Lumpie

Agnes Dumas, PhD, on the Impact of Breast Cancer Treatment on Employment Two years post-diagnosis, 21% of patients had not returned to work, study shows

The adverse effects of breast cancer treatment are known to often prevent patients from going back to work -- leading to negative economic as well as psychological consequences. French researchers recently analyzed a prospective cohort of more than 1,800 patients with stages I-III breast cancer who were employed prior to their diagnosis, showing that 2 years after diagnosis, 21% had not returned to work. The odds of not returning were significantly increased among those treated with combinations of chemotherapy and trastuzumab, and other significant factors included arm morbidity and depression.

This is an important study not just for physicians but also for society as a whole, which identifies the vulnerable members in hopes of changing policies to better support them through different strategies.

{Two Medpage articles:}

https://www.medpagetoday.com/reading-room/asco/bre...

https://www.medpagetoday.com/reading-room/asco/bre...

• Primary Source Journal of Clinical Oncology Source Reference: Dumas A, et al "Impact of breast cancer treatment on employment: results of a multicenter prospective cohort study (CANTO)" J Clin Oncol 2019; DOI: 10.1200/JCO.19.01726.

Lumpie

Vote by Mail Is One of Many Ways To Ensure the Disability Community Is Included in the Next Election

"For people with compromised immune systems, vote by mail means not having to risk getting sick.

"...voters' health should remain the top priority for states as the nation continues to respond to the coronavirus pandemic. Policymakers must do everything in their power to provide voters with a healthy environment in which to cast a ballot.

"If proper health precautions are not taken, in-person voting can be incredibly harmful to communities—and particularly dangerous for disabled individuals.

"Making sure disabled voters are able to cast a ballot freely, fairly, and safely should be of the utmost importance for lawmakers."

https://www.americanprogress.org/issues/disability/news/2020/05/19/485218/vote-mail-one-many-ways-ensure-disability-community-included-next-election/

{Not about work, but timely and relevant to upcoming US elections.}

Lumpie

EEOC Sues Employer, Claiming Failure to Accommodate Worker at Risk for COVID-19(link is external)

Georgia: The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit against ISS Facility Services Inc., claiming the employer unlawfully denied a request for a reasonable accommodation, and then fired the worker for making the request. The worker, whose heart condition placed her at heightened risk for contracting COVID-19, had asked to work from home.

https://www.eeoc.gov/newsroom/eeoc-sues-iss-facili...

{Free access}

Lumpie

EEOC Press Release 08-04-2022

Gas Field Specialists to Pay $184,000 to Settle EEOC Disability Discrimination Case

Company Fired 15-Year Employee Because of Cancer History, Federal Agency Charged

PHILADELPHIA – Gas Field Specialists, Inc. (GFS), a Potter County, Pennsylvania-based natural gas well service company, will pay $184,000 and provide significant injunctive and other non-monetary relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the EEOC's lawsuit, an employee who had been with the company for 15 years was laid off and then terminated based on a disability or record of disability. The EEOC contended that GFS fired the employee because he had a history of cancer. The suit further alleges that an owner of the company told the employee that the company didn't want him to get sick with COVID-19 and had to lay off anyone with health issues during the COVID pandemic.

Such alleged conduct violates the American with Disabilities Act (ADA), which prohibits employers from making employment decisions based on disability, or subjecting employees to disparate terms and conditions of employment and/or a hostile work environment, layoff, termination or forcing an employee to quit, based on a real or perceived disability or history of disability.

The consent decree settling the suit requires that GFS pay the employee $174,000 in lost wages and $10,000 in compensatory damages. It also enjoins GFS from violating the ADA in the future, including from taking adverse actions against employees on the basis that they have health conditions that could expose them to a higher risk of health complications were they to contract COVID-19. The decree also requires GFS to document its reasons whenever employees are not recalled from seasonal layoff. The company will also provide training on the ADA to its managers and human resources staff.

In addition, GFS must provide reports to the EEOC detailing its compliance with terms of the decree and its receipt of any complaints of disability discrimination. The court will retain authority to enforce the terms of the decree for its three-year duration.

"Employers have an obligation to make personnel decisions without regard to employees' medical history," said Philadelphia District Regional Attorney Debra M. Lawrence. "The unlawful employment practices, in this case, are unacceptable in our nation's workplaces. This monetary settlement is an affirmation of who we are and what we believe as a country: that workplace discrimination is unacceptable and illegal."

Philadelphia District Director Jamie R. Williamson stated, "Many employees diagnosed with cancer choose to work through their condition -- because, after all, they still have to make ends meet. This employee lost his job because this employer failed to provide full inclusion for people with disabilities."

For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.

The EEOC's Philadelphia District Office has jurisdiction over Pennsylvania, West Virginia, Maryland, Delaware, and parts of New Jersey and Ohio. Attorneys in the Philadelphia District Office also prosecute discrimination cases in Washington, D.C. and parts of Virginia.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.

https://www.eeoc.gov/newsroom/gas-field-specialist...