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February 27, 2010
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Disability News

 

EEOC WINS DISABILITY BIAS SUIT AGAINST FEDEX

BALTIMORE -- A federal jury today found in favor of the U.S. Equal Employment Opportunity Commission (EEOC) in its employment discrimination lawsuit against Federal Express Corporation (FedEx) for violating the Americans with Disabilities Act of 1990 (ADA). EEOC had charged the Memphis, Tenn.-based global shipping giant with failing to provide a reasonable accommodation to Ronald Lockhart, a profoundly deaf employee who worked as a package handler at the company's Baltimore Ramp.

The suit charged Federal Express with violating the ADA when it failed to provide reasonable accommodations to Lockhart in the form of American Sign Language interpreters, despite his repeated requests. The jury found FedEx liable for punitive damages in the amount of $100,000 for its knowing failure to accommodate Lockhart as well as compensatory damages of $8,000 for the loss of the accommodation itself. The EEOC's lawsuit was filed in U.S. District Court for the Northern District of Maryland on September 30, 2004 (Case No. 04 CV-3129) after the agency first attempted to reach a voluntary pre-litigation settlement.

"This verdict sends victims and their employers a big message,"said EEOC Regional Attorney Jacqueline McNair. "Employers must provide reasonable accommodations for qualified individuals with disabilities. It is the employer's responsibility to demonstrate that it is committed to fully adhere to the requirements of the ADA on behalf of disabled employees, and that they are not to be treated like second-class citizens."

Title I of the ADA prohibits employment discrimination against people with disabilities in the private sector and state and local governments. In Fiscal Year 2005, the EEOC received 14,893 charge filings from individuals alleging disability discrimination, filed 46 ADA lawsuits against employers, and recovered more than $48 million in total monetary benefits through enforcement and litigation.

Please contact us if you or any qualified individual with a disability you know in Washington has been discriminated against. Do not let anyone get away with violating the ADA.

 

 
Did You Know?    
 
 
Certificate of Need (CON) is issued to health care providers
Is a certificate issued by a government body to a health care provider who is proposing to construct, modify, or expand facilities, or to offer new or different types of health services. CON is intended to prevent duplication of services and overbedding. The certificate signifies that the change has been approved.

 


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Disability Lawyers.com Terms

 


Today's Terms

Plan for Achieving Self-Support (PASS)

Definition:
Under an approved PASS, recipients of federal SSI may set aside income and/or resources over a period of time to reach a goal to become financially self supporting. The income and resources set aside may later be used to obtain occupational training or education, purchase occupational equipment, establish a business, etc.

DHU

Definition:
Disability Hearings Unit. A unit in each DDD regional office that conducts in person hearings with disabled beneficiaries who appeal a DDD decision that the individual is no longer disabled.

Outcome Payment System

Definition:
The system providing a payments under the Ticket to Work program to an employment network for each month, up to a total of 60 months, during which Social Security disability benefits and Federal SSI cash benefits are not payable to a beneficiary because of the performance of substantial gainful activity (SGA) or by reason of earnings from work.

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Disability Hot Topics

 
Topics Related to Disability:

  • Spinal Cord Injuries
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  • Access to Public Accommodations

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