Suffering an Unfair Job Loss is Tough, our california employment attorneys can help.

Disabled Employee to receive $50K--EEOC Settles Disability Discrimination Lawsuit Against America's Thrift Stores

January 28, 2013

In recent news that Vincent Howard of Orange County-based Howard Law, PC has been following, America's Thrift Stores of Alabama has been ordered to pay a $50,000 disability discrimination lawsuit settlement. The lawsuit was filed by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of a disabled employee who claims that she was fired based on her disability.

According to the EEOC lawsuit, employee Jenny Grimes, who had worked for the company for three years, was reportedly discriminated against when the company's Alabaster store refused to provide her with a reasonable accommodation after she let them know about her disability.

The EEOC contented that during her three years with the company, Grimes was a good employee, and after requesting an accommodation to perform some of her employment duties due to degenerative joint disease, her request was denied. One week later, Grimes reportedly presented the employer with documentation of her disability, whereupon she was fired from the company, and called a "liability."

The lawsuit claims that Grimes was able to perform the essential duties of her job with a reasonable accommodation. The EEOC also claimed that America's Thrift Stores had an overall policy of refusing to allow any employees with injuries that were not work-related to return to work with restrictions.

As Vincent Howard discussed in a related Anaheim employment lawyers blog post, under Title I of the Americans with Disabilities Act of 1990 (ADA), it is against the law for employers to discriminate against qualified individuals with disabilities in employment application procedures, job hiring, job termination, compensation, training, advancement or any other conditions, terms and privileges of employment.

Under the ADA, a qualified employee with a disability is an individual who with or without reasonable accommodation is able to perform the necessary duties of their job in question. Reasonable accommodation can include making the existing facilities usable and accessible by disabled people, restructuring job duties, and modifying work schedules. Accommodation can also include reassigning a job, acquiring equipment and devises for accommodation, adjusting examinations, policies or training materials, and providing interpreters or readers who are qualified. An employer is required to make a reasonable accommodation to the qualified disabled applicant unless it poses an undue hardship on the employer's business operations.

The consent decree that settled the lawsuit requires America's Thrift to pay $50,000 in monetary damages, and to train its employees regarding the employer's responsibility and the employees' rights under the ADA.

In Cypress, Fountain Valley, and Garden Grove, California, contact Vincent Howard at Howard Law, PC today, to discuss your California employment rights.

America's Thrift Stores Pays $50,000 to Settle EEOC Disability Discrimination Suit, EEOC Press Release, January 28, 2013

Related Web Resources:

U.S. Equal Employment Opportunity Commission, (EEOC)

Title VII of the Civil Rights Act of 1964, (EEOC)

Facts About the Americans with Disabilities Act

California Fair Employment and Housing Commission (FEHC)

California Department of Fair Employment and Housing, Fair Employment and Housing Act

Related Blog Posts:

Dillard's Settles Class Action Disability Discrimination Lawsuit for $2M, California Employment Lawyers Blog, January 2, 2013

EEOC Sues Wendy's Franchisee for Disability Discrimination, California Employment Lawyers Blog, May 11, 2012

Human Development, Inc. Settles EEOC Lawsuit for $125K for Discriminating Against an Obese Employee, California Employment Lawyers Blog, April 20, 2012

HIV Positive Employee Sues Hollywood Restaurant The Ivy for Discrimination, Wrongful Termination, California Employment Lawyers Blog, March 30, 2012

California Job Applicant With One Arm Sues Starbucks for Disability Discrimination, California Employment Lawyers Blog, March 11, 2012

UPS to Pay $95K in EEOC Disability Discrimination Lawsuit Settlement, California Employment Lawyers Blog, January 6, 2012

Wal-Mart Sued by EEOC for Disability Discrimination and Retaliation of Employee with Heart Condition, California Employment Lawyers Blog, December 23, 2011

EEOC Disability Discrimination Protection under the ADA, California Employment Lawyers Blog, November 10, 2011

California's Comfort Suites Settles Disability Discrimination Lawsuit for $132,500, California Employment Lawyers Blog, November 8, 2011

EEOC Sues Walgreens for Disability Discrimination, California Employment Lawyers Blog, September 19, 2011

Starbucks Agrees to Pay $75K in Dwarfism and Disability Discrimination Lawsuit Settlement, California Employment Lawyers Blog, August 23, 2011

Verizon's Class Action Disability Discrimination Lawsuit Settles for $20 Million, California Employment Lawyers Blog, July 11, 2011