Discrimination

EEOC Sues Muskegon Family Care for Disability Discrimination

Medical Provider Fired Employee with a Disability, Federal Agency Charges

DETROIT - Muskegon Family Care, a medical services provider located in Muskegon, Heights, MI, violated federal law by firing an employee due to a disability, the U.S. Equal Employment Opportunity Commission (EEOC) alleged in a lawsuit filed today.
According to EEOC's suit, Avis Lane worked for Muskegon Family Care as an outreach enrollment coordinator for over a month when it fired her based on information obtained during her pre-employment physical.
Firing an employee due to a disability violates the Americans with Disabilities Act of 1990 (ADA). EEOC filed a lawsuit in U.S. District Court for the Western District of Michigan (EEOC v. M.G.H. Family Health Center d/b/a Muskegon Family Care, Civil Case No.: 1:15-CV-00952) after first attempting to reach a pre-litigation settlement through its conciliation process. EEOC's lawsuit seeks back pay, compensatory damages, punitive damages, and injunctive relief -- including a court order prohibiting Muskegon Family Care from firing disabled employees in the future.
"Firing a qualified employee, who successfully performed the job for over a month, based on information obtained during a physical violates the ADA," said Laurie Young, regional attorney for EEOC's Indianapolis District. "Employers cannot use recommendations from a third-party health examiner without determining for itself whether the employee can actually do the job."
EEOC enforces federal laws prohibiting employment discrimination. Further information about EEOC is available on its web site at
www.eeoc.gov.

Read More...

Disability.gov Civil Right Resources

Disability.gov Civil Rights Resources

Find national and state resources on civil rights for people with disabilities.

Can Employers Require Pre-Employment Physicals?

Can Employers Require Pre-Employment Physicals?

What do I do if I feel I have been discriminated against as a result of the physical?

Please explore our website for resources in regard to education, advocacy, and work. For assistance with the ADA, contact the Americans with Disabilities Act Technical Assistance Centers. Learning about the ADA Amendments Act of 2008 will help you to understand how the ADAAA broadens coverage for many individuals.

For protection, advocacy, and legal assistance, contact your state
National Disability Rights Network. Be sure to click on your state so that you get relevant and timely information. Also check out your rights under Section 504 of the Rehabilitation Act of 1973.

For connections with people with disabilities in your community, contact your local
Center for Independent Living.

For information about how to get a job, contact State Vocational Rehabilitation Program or the Job Accommodation Network.

Under the ADA, employers can require pre-employment physicals. The extent of the physicals and the reason for them must be consistent with business practice and job-related. Physicals should be looking at function, not diagnosis. i.e, does this candidate have the ability to perform the essential functions of the job for which they are applying? Such physicals must be the same for every applicant for the same position, or employers will have a difficult time showing they were not treating you differently, presumably because of a "perceived" disability.
 
Employers should not ask, “Do you have a condition that needs accommodation?” but they can ask, “Can you perform the essential functions of this job with or without a reasonable accommodation?" If you feel you have been treated unfairly, you can file an internal grievance with the agency’s Affirmative Action department, stating that you feel you received disparate treatment as a result of your "perceived" disability. That might result in additional training for the agency around ADA issues.
 
Another place to make formal complaints is the Bureau of Labor and Industry in your state. By filing a complaint with BOL, you are addressing both state and federal employment issues. You also can file a complaint with the EEOC (federal). If you file with EEOC or BOLI it is important to be clear about your goal. It may be to get a job, or to get punitive damages related to stress, or to require the agency to get additional training on ADA issues.



Disclaimer: The National Organization of Nurses with Disabilities (NOND) does not offer legal advice but NOND does offer resources to help you understand your rights, protections, and responsibilities within various Disability Rights Laws.

What Happens if I Am Asked to Sign a Document Stating that I Have No Disabilities?

What Happens if I Am Asked to Sign a Document Stating that I Have No Disabilities?

Please explore our website for resources in regard to
education, advocacy, and work. For protection, advocacy, and legal assistance, contact your state National Disability Rights Network. Be sure to click on your state so that you get relevant and timely information.

For assistance with the ADA, contact the
Americans with Disabilities Act Technical Assistance Centers. Learning about the ADA Amendments Act of 2008 will help you to understand how the ADAAA broadens coverage for many individuals.



Disclaimer: The National Organization of Nurses with Disabilities (NOND) does not offer legal advice but NOND does offer resources to help you understand your rights, protections, and responsibilities within various Disability Rights Laws.

What Do I Do if I Feel I Have Been Discriminated Against Because of My Disability?

What Do I Do if I Feel I Have Been Discriminated Against Because of My Disability?

Please explore our website for resources in regard to
education, advocacy, and work. For protection, advocacy, and legal assistance, contact your state National Disability Rights Network. Be sure to click on your state so that you get relevant and timely information.

For assistance with the ADA, contact the
Americans with Disabilities Act Technical Assistance Centers. Learning about the ADA Amendments Act of 2008 will help you to understand how the ADAAA broadens coverage for many individuals.

Support and Activism
For connections with people with disabilities in your community, contact your local
Center for Independent Living.



Disclaimer: The National Organization of Nurses with Disabilities (NOND) does not offer legal advice but NOND does offer resources to help you understand your rights, protections, and responsibilities within various Disability Rights Laws.

What Happens if My Request for Accommodation is Denied?

What Happens if My Request for Accommodation is Denied?

Please explore our website for resources in regard to
education, advocacy, and work. For protection, advocacy, and legal assistance, contact your state National Disability Rights Network. Be sure to click on your state so that you get relevant and timely information.

For assistance with the ADA, contact the
Americans with Disabilities Act Technical Assistance Centers. Learning about the ADA Amendments Act of 2008 will help you to understand how the ADAAA broadens coverage for many individuals.

Support and Activism
For connections with people with disabilities in your community, contact your local
Center for Independent Living.



Disclaimer: The National Organization of Nurses with Disabilities (NOND) does not offer legal advice but NOND does offer resources to help you understand your rights, protections, and responsibilities within various Disability Rights Laws.

How Can I Understand my Legal Rights as a Person with a Disability?

How Can I Understand my Legal Rights as a Person with a Disability?

The first step to understanding your legal rights is to do your homework. You can start by exploring our website for resources in regard to
education, advocacy, and work. Information from the U.S. Department of Justice, Civil Rights Division, can be found at www.ada.gov/cguide.htm.

Learning about the
ADA Amendments Act of 2008 will help you to understand how the ADAAA broadens coverage for many individuals. Other helpful resources include your state National Disability Rights Network and the Americans with Disabilities Act Technical Assistance Centers.



Disclaimer: The National Organization of Nurses with Disabilities (NOND) does not offer legal advice but NOND does offer resources to help you understand your rights, protections, and responsibilities within various Disability Rights Laws.

I Think I've Experienced Discrimination: Where Can I File?

I Think I've Experienced Discrimination: Where Can I File?

If the school is private, a complaint can be filed with the U.S. Department of Justice (DOJ), Disability Rights Section.
 
If the school is a state institution, a complaint can be filed with the U.S. Department of Education’s Office of Civil Rights (OCR), as state-run higher ed institutions are covered under the Section 504 by the U.S. Department of Education.



Disclaimer: The National Organization of Nurses with Disabilities (NOND) does not offer legal advice but NOND does offer resources to help you understand your rights, protections, and responsibilities within various Disability Rights Laws.