Nevada-based dealership Liberty Chrysler, Jeep, Dodge LLC violated federal law when it fired an employee diagnosed with multiple sclerosis instead of accommodating her disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit the agency filed. According to the EEOC, about three months after Shara Rynearson was hired as a commissioned salesperson, she notified her supervisor of symptoms that caused her to go to the emergency room in October 2010: a sudden change in vision, numbness in half of her face, and loss of balance. Later Rynearson showed her employer her hospital discharge documents, which stated she should not return to work until a follow up examination and included a diagnosis predicting multiple sclerosis. She later brought in a doctor's note excusing her absence from work and reiterating her explanation. The EEOC found that instead of allowing Rynearson to take medical leave for the diagnosis and treatment of her disability, the company fired her on Nov. 5, 2010.

Helmerich & Payne, Inc. (H&P), a Tulsa-based drilling contractor, will pay a former employee $59,000 to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). According to the EEOC's lawsuit, the oil contractor forced a derrick hand at H&P's Alice, Texas location off the job because he was taking prescribed medications to treat chronic pain associated with a degenerative disk condition. The company ultimately fired the derrick hand, even though he had been deemed fit to return to work by his doctor.

McLane Foodservice, Inc., which supplies foodservice deliveries to fast-food chain restaurants, violated federal law by discriminating against an employee it believed to be disabled, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit. According to the EEOC lawsuit, McLane refused to hire an applicant because it regarded him as disabled and because the applicant had a record of a disability.

Howard University, a historically black university in the District of Columbia, will pay $35,000 to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC charged that Clarence Muse, who has diabetes that resulted in kidney failure, applied for and was interviewed for a protective services officer and protective services supervisor position with Howard University Hospital, a division of the university. According to the lawsuit, Howard University hired more than 40 security officers and supervisors but refused to hire Muse, despite his excellent qualifications, because of his disability.

The United States Department of Justice (DOJ) has reached new settlement agreements under its Project Civic Access initiative with Chaves County, NM and Madison County, NY. Project Civic Access works with counties, cities, towns, and villages to remove barriers that will foster compliance with the Americans with Disabilities Act (ADA). By eliminating physical and communication barriers Project Civic Access allows persons with disabilities to participate in the activities and services offered by their respective communities. The DOJ has conducted reviews in all 50 states, Puerto Rico and the District of Columbia and posted the agreements on the Project Civic Access website. Read the Settlement Agreement with Chaves County

The U.S. Department of Justice (DOJ) has reached a settlement agreement with the Village of Ruidoso, NM resolving an investigation under title I of the Americans with Disabilities Act (ADA). During its investigation the DOJ determined that the Village was asking job applicants disability related questions prior to a conditional job offer had been made. As part of the settlement the Village agrees that it will not conduct any medical examination or make any disability-related inquiry of a job applicant before an offer of employment has been made to the job applicant.

'My Disability Is One Part of Who I Am' Planning for National Disability Employment Awareness Month 2015 is underway, and the U.S. Department of Labor's Office of Disability Employment Policy announced the official theme for the October observance: "My Disability Is One Part of Who I Am."

"This year's theme encapsulates the important message that people with disabilities are just that - people," said Jennifer Sheehy, acting assistant secretary of labor for disability employment policy. "And like all people, we are the sum of many parts, including our work experiences. Disability is an important perspective we bring to the table, but, of course, it's not the only one."

National Disability Employment Awareness Month, known as NDEAM is a nationwide campaign that raises awareness about disability employment issues and celebrates the contributions of America's workers with disabilities, past and present. Each spring, the year's theme is announced to help workplaces, individuals and communities begin planning activities.

NDEAM dates back to 1945, when Congress declared the first week in October "National Employ the Physically Handicapped Week." The word "physically" was deleted in 1962 to acknowledge individuals with all types of disabilities. The week was expanded to a month by Congress in 1988 and its name was also changed to NDEAM. When ODEP was created in 2001, it was given responsibility for NDEAM, including selection of its annual theme.

The ADA covers private employers with 15 or more full or part-time employees and also state and local government employers. The ADA prohibits discrimination on the basis of disability in all employment practices of covered employers. A covered employer may hire, fire or promote the most qualified individual he or she chooses but that employer is prohibited from using disability in that decision making process.

The purpose of the association provision is to prohibit employers from taking adverse actions based on unfounded stereotypes and assumptions about individuals who associate with people who have disabilities. The ADA makes actions such as refusing to hire an individual who has a child with a disability based on an assumption that the applicant will be away from work excessively or be otherwise unreliable, firing an employee who works with people who are HIV-positive or have AIDS based on the assumption that the employee will contract the disease, or denying an employee health care coverage available to others because of the disability of an employee's dependent unlawful.

The association provision of the ADA prohibits employment discrimination against a person, whether or not he or she has a disability, because of his or Her known relationship or association with a person with a known disability. This means that an employer is prohibited from making adverse employment Decisions based on unfounded concerns about the known disability of a family member or anyone else with which the applicant or employee has a relationship or association.

The ADA does not require a family relationship for an individual to be protected by the association provision. The important factor is whether the employer is motivated by the individual's relationship or association with a person who has a disability.

Employers don't have to provide reasonable accommodations to employees who associate with individuals with disabilities. Only qualified applicants and employees with disabilities are entitled to reasonable accommodation.

For example, the ADA would not require an employer to modify its leave policy for an employee who needs time off to care for a child with a disability. However, an employer must avoid treating an employee differently than other employees because of his or her association with a person with a disability.

For additional information please contact the Great Lakes ADA Center at (800) 949-4232 (V/TTY) or by completing the online form: http://adagreatlakes.com/WebForms/ContactUs/>

For more information please call 800-949-4232 (Voice/TTY) or Online via Contact Us form.