New York Paralegal Blog

It's a victory for disability rights! Everport Terminal Services (ETS), operating out of the bustling Port of Oakland, has agreed to pay a hefty $200,000 to a former employee after a thorough investigation by the U.S. Equal Employment Opportunity Commission (EEOC). This isn't just about money; it's a powerful statement that discrimination against workers with disabilities will not be tolerated. The heart of the issue? A dedicated "steady" longshoreman mechanic, eager to work within his doctor's restrictions, was shockingly turned away when he arrived to accept a light-duty position. His supervisor, in an act that can only be described as a failure of basic human decency and legal obligation, denied suitable work was available and sent him home. Can you imagine the frustration, the pain, of wanting to contribute, of being ready, and being denied simply because of a disability? This egregious conduct is a direct violation of the Americans with Disabi...

A recent lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) against Champion Media, LLC has been settled, with the North Carolina-based publishing company agreeing to pay $102,500 and implement other significant changes. The lawsuit accused Champion Media of disability discrimination for refusing to provide a sign language interpreter to a deaf job applicant. The incident occurred at Champion Media's printing facility in Lumberton, North Carolina. A qualified deaf applicant was selected for an in-person interview after an initial phone conversation assisted by a video relay service. The applicant simply requested a sign language interpreter for the interview as a reasonable accommodation. Instead of providing the interpreter, Champion Media canceled the interview and ultimately did not hire the applicant. The EEOC stated that this action violates the Americans with Disabilities Act (ADA). The ADA makes it illegal for companies to discriminate again...

Preet Bharara, the United States Attorney for the Southern District of New York, announced today that PETER J. AJEMIAN, a Board-certified orthopedist, was sentenced today in Manhattan federal court to eight years in prison for his role in the alleged massive fraud scheme in which Long Island Railroad (“LIRR”) workers claimed to be disabled upon early retirement so that they could receive disability benefits to which they were not entitled. Between the late 1990s and 2008, AJEMIAN recommended that at least 734 retiring LIRR employees receive disability benefits, and was responsible for treating nearly half of all LIRR employees who retired and received disability benefits in one four-year period. AJEMIAN pled guilty in January 2013 to one count of conspiracy to commit mail fraud, wire fraud, and health care fraud, and one count of health care fraud before U.S. District Judge Victor Marrero, who also imposed today’s sentence.

DENVER -- Interstate Distributor Company will pay $4.85 million and provide other significant relief to settle a nationwide class disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC's suit said the nationwide trucking firm unlawfully denied reasonable accommodations to hundreds of employees and fired them pursuant to Interstate's maximum leave policy.

BALTIMORE - Rite Aid, one of the nation's largest drug store chains, will pay $250,000 and furnish other relief to settle a disability and retaliation discrimination lawsuit filed by the U.S Equal Employment Opportunity Commission (EEOC), the agency announced today.

DALLAS - CTW L.L.C., a Wendy's franchisee, has agreed to pay $41,500 and provide other significant relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC charged the company with unlawfully denying employment to a hearing-impaired applicant because of his disability at a Killeen, Texas Wendy's.

Preet Bharara, the United States Attorney for the Southern District of New York, announced today that Michael Dasaro and Gary Supper, two former Long Island Railroad (LIRR) employees, pled guilty to federal charges in connection with their participation in an alleged massive fraud scheme in which LIRR workers claimed to be disabled upon early retirement so that they could receive disability benefits to which they were not entitled. Dasaro and Supper each pled guilty before U.S. Magistrate Judge Gabriel W. Gorenstein.

SAN ANTONIO - Dependable Health Services, Inc. (DHS), a San Antonio company which provides contract workers to U.S. military facilities, violated federal law when it fired an employee after she had an attack of Bell's palsy, a neurological disorder, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

DALLAS — Wal-Mart Stores, Inc. and Wal-Mart Stores East, L.P. will pay $50,000 in back pay and damages in settlement of a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC had charged that a Carlsbad, N.M., Walmart store unlawfully fired a part-time sales clerk because of her cerebral palsy.

Preet Bharara, the United States Attorney for the Southern District of New York, announced today that Gary Satin, a former electrician with the Long Island Railroad (LIRR), pled guilty to federal charges in connection with his participation in a massive fraud scheme in which LIRR workers claimed to be disabled upon early retirement so that they could receive disability benefits to which they were not entitled. Satin also pled guilty today to perjury for making false statements to the grand jury that was hearing evidence in this case. Satin pled guilty before U.S. Magistrate Judge Henry Pitman.

JOHNSON CITY, Tenn. – A Johnson City-based company that provides nursing home facilities and services violated federal law by discriminating against an employee because of the employee’s HIV-positive status, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

Turkey Company Violated Federal Disability Law, Agency Charged GARNER, N.C. – The U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today that Butterball, LLC, a Garner, N.C.-based turkey processing company, violated federal law by subjecting an employee to a hostile work environment based on the fact that she has Human Immunodeficiency Virus (HIV), and firing her because of that disability.

ROANOKE, Va. – A moving and storage company headquartered in Roanoke will pay $30,000 and furnish substantial relief to settle a religious discrimination lawsuit filed the by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The company, Lawrence Transportation Systems, Inc., also has facilities in Waynesboro, Va., and Greensboro, N.C.

SAN FRANCISCO — The Pepsi Bottling Group, Inc. (NYSE: PBG) agreed to pay $120,000 and implement preventive measures to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

BALTIMORE – Johns Hopkins Home Care Group, Inc. (JHHCG), a full-service home health care provider, violated federal law when it fired an employee because of her disability and because she challenged the company’s failure to accommodate her, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it announced today.

BALTIMORE – Telecommunications giant Verizon Communications will pay $20 million and provide significant equitable relief to resolve a nationwide class disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The suit, filed against 24 named subsidiaries of Verizon Communications, said the company unlawfully denied reasonable accommodations to hundreds of employees and disciplined and/or fired them pursuant to Verizon’s “no fault” attendance plans. The consent decree settling the suit, which is pending judicial approval, represents the largest disability discrimination settlement in a single lawsuit in EEOC history. The EEOC charged that Verizon violated the Americans With Disabilities Act (ADA) by refusing to make exceptions to its “no fault” attendance plans to accommodate employees with disabilities. Under the challenged attendance plans, if an employee accumulated a designated number of “chargeable absences...

SAN DIEGO — Retail giant Target Corporation will pay $160,000 to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC had charged that Target refused to provide a reasonable accommodation for a cart attendant with cerebral palsy at its Foothill Ranch store in Orange County, Calif. According to the EEOC’s suit, Target hired Jeremy Schott in 2002 as a part-time stocker. By 2003, he was dubbed the “Target Hero of the Month” and transferred to a cart attendant position at his request, according to the EEOC. Schott suffers from cerebral palsy, limited intellectual functioning and a seizure disorder. His disabilities require that he be reminded to do certain tasks and that a job coach assist at times with his duties and job-related meetings. However, the EEOC said that Schott was able to perform the essential functions of the job with the accommodation of a job coach. The EEOC’s suit charged that...

PEORIA , Ill. – A federal court jury in Peoria has returned a verdict of $600,000 against AutoZone, Inc. for failing to provide a reasonable accommodation to a disabled sales manager, the U.S. Equal Employment Opportunity Commission (EEOC) announced today. An additional claim for $115,000 in back pay will be decided by the presiding judge at a later date. In the lawsuit brought by the EEOC, AutoZone was charged with requiring a sales manager to perform certain cleaning tasks, including mopping floors, that violated his medical restrictions. The sales manager, who worked at the company’s Macomb, Ill., retail store until 2003, is disabled with permanent back and neck impairments. The EEOC presented evidence that mopping floors was a non-essential function of the sales manager position that could have been reassigned to other employees, and that the employee could perform all of the essential functions of his job. The sales manager testified that that he asked not to be assigned mopping...

INDIANAPOLIS – Affiliated Computer Services, Inc. (ACS), the company under contract with the State of Indiana to operate many of Indiana’s public benefits programs, will pay $55,000 to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC had charged in its suit (Civil Action No. 1:11-cv-00015-PPS-RBC in U.S. District Court for the Northern District of Indiana, Hammond Division) that ACS and Alpha Rae Personnel, Inc., the staffing firm that supports the company, violated federal law by refusing to accommodate an employee’s known disabilities and by terminating her assignment to ACS instead. Such conduct violates the Americans With Disabilities Act (ADA) and Title I of the Civil Rights Act of 1991. The EEOC filed suit after first attempting to reach a pre-litigation settlement. A consent decree agreed to by the EEOC, ACS and Alpha Rae and entered by the court requires that for...

GREENSBORO, N.C. – KobeWieland Copper Products, LLC has agreed to pay $84,750 and provide other relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. KobeWieland manufactures and sells copper tubing, and employs over 500 associates between its two plants in Pine Hall, N.C. and Wheeling, Ill. The EEOC had charged that KobeWieland rescinded an offer of employment to an applicant at its facility in Pine Hall because the hiring official perceived the person as disabled because he was missing fingers on his left hand. According to the EEOC’s suit, Joseph Cardwell lost fingers on his left hand due to a childhood accident. Cardwell was offered a position as a caster by KobeWieland on Sept. 24, 2008. However, when Cardwell reported for his first day of work, a KobeWieland human resource specialist noticed that Cardwell was missing fingers, and immediately rescinded the offer of employment. The huma...