CHARLOTTE, N.C. – Jax, LLC, which operates a Golden Corral restaurant in Matthews, N.C., discriminated against an employee with a disability when it subjected him to a hostile work environment based on both his disability and his sex (male), the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today. The lawsuit also alleges that the employee resigned because of the harassment.According to the EEOC’s complaint, Sean Fernandez worked as a dishwasher at the Matthews Golden Corral. Fernandez has high-functioning autism, which limits his ability to communicate and interact with others. From around March or April 2014 until January 2016, a male assistant manager created a hostile work environment by repeatedly referring to Fernandez as a “retard,” calling him “stupid,” using profanity, requesting oral sex, threatening to sexually assault him, and subjecting him to unwanted physical contact. Fernandez filed a complaint and requested to be moved to a different shift, so that he would not have to work with the male assistant manager. Fernandez resigned due to the harassment after he was again assigned to work with the same male assistant manager who again sexually harassed him.
GREENVILLE, S.C. – A 47-year-old sales leader with experience in the textile industry was unlawfully fired by Indian Land, S.C., textile manufacturer Keer America Corporation because of his age, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.According to the EEOC’s suit, Keer America fired Scott Gamble during his second week of employment. The EEOC said that Gamble was offered a job by the company’s human resources generalist on April 18, 2015, and began working for the company on April 27. The EEOC charged that the plant manager ordered the human resources generalist to rescind Gamble’s job offer prior to his starting work after the plant manager saw Gamble’s driver’s license and learned of his age. The human resources generalist refused to rescind Gamble’s job offer. On May 8, the plant manager fired Gamble.
EEOC Sues Illinois Action for Children for Disability Discrimination Employer Fired Employee with Cancer Instead of Granting Request for Medical Leave, Federal Agency Charges CHICAGO – Illinois Action for Children fired an employee who was on leave receiving treatment for breast cancer rather than granting her request for additional leave for more treatment, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today. Such alleged conduct violates under the Americans with
Ford Motor Company to Pay up to $10.125 Million To Settle EEOC Harassment Investigation Blacks and Women Subjected to Harassment at Two Chicago Facilities, Federal Agency Found CHICAGO – Ford Motor Company has agreed to pay up to $10.125 million to settle sex and race harassment for a group of individuals which was investigated by the U.S. Equal Employment Opportunity Commission (EEOC) at two Ford plants, the federal agency announced today. In its investigation, the EEOC found reasonable cause to believe
Company Failed to Accommodate Employee and Terminated Her Within Days of Learning of Her Medical Diagnosis, Federal Agency ChargesLOS ANGELES – The U.S. Equal Employment Opportunity Commission (EEOC) filed suit today charging that Time Warner Cable and Charter Communications, DBA Spectrum, Inc. violated federal discrimination law by refusing to accommodate an employee with a disability and firing her days after learning of her diagnosis. According to the EEOC’s lawsuit, Time Warner Cable initially granted the employee unpaid leave when she requested an accommodation to seek medical attention for her disability. The EEOC alleges that once Time Warner Cable learned of the employee’s disability diagnosis, they failed to provide her additional unpaid leave so that she could undergo treatment for her medical condition.
The EEOC has published their final rule on affirmative-action for disabled individuals in, or seeking, federal employment.
They have also posted a Q&A to explain the rul
According to the EEOC, “The final rule gathers together existing requirements from several Executive Orders as well as EEOC directives and other EEOC guidance documents, and adds new requirements that will further improve federal employment of individuals with disabilities and individuals with “targeted disabilities.”
Though all disabilities are covered, there is also an emphasis on “targeted disabilities”
As stated by the EEOC:
Targeted disabilities are a subset of the larger disability category. The federal government has recognized that qualified individuals with certain disabilities, particularly manifest disabilities, face significant barriers to employment, above and beyond the barriers faced by people with the broader range of disabilities. These barriers are often due to myths, fears, and stereotypes about such disabilities. The federal government calls these “targeted disabilities.” They are:
- developmental disabilities, for example, cerebral palsy or autism spectrum disorder;
- traumatic brain injuries;
- deafness or serious difficulty hearing, benefiting from, for example, American Sign Language;
- blindness or serious difficulty seeing even when wearing glasses;
- missing extremities (arm, leg, hand and/or foot);
- significant mobility impairments, benefitting from the utilization of a wheelchair, scooter, walker, leg brace(s) and/or other supports;
- partial or complete paralysis (any cause);
- epilepsy and other seizure disorders;
- intellectual disabilities (formerly described as mental retardation);
- significant psychiatric disorders, for example, bipolar disorder, schizophrenia, PTSD, or major depression;
- dwarfism; and
- significant disfigurement, for example, disfigurements caused by burns, wounds, accidents, or congenital disorders.
Whether in the private or federal sector, disabled individuals face discrimination in hiring, promotion, and the terms and conditions of employment. If you even suspect you have been a victim of disability discrimination, do not hesitate to contact our office. Timelines are particularly short in the federal sector (45 days) so call or email right away.