News Highlights

EEOC v. Paycom Payroll, LLC (Paycom)

The suit said that an employee with a severe allergy repeatedly suffered anaphylactic reactions from exposure to food brought in by coworkers. Although she promptly informed supervisors and human resources of her condition and submitted medical documentation recommending she work in a secluded space or from home, Paycom provided only limited temporary workspace adjustments which failed to provide an effective accommodation. They also declined to allow her to work remotely despite having established policies permitting the practice. The employee continued to experience multiple allergic reactions and the day after her most severe reaction, the company terminated her, stating it could not accommodate her disability.

EEOC v. Step2 Company, LLC (Step2)

According to the suit, Step2 disciplined an assembly worker under its attendance policy when she was absent because of pregnancy-related medical conditions and took approved leave for chronic mental health conditions. The suit alleges Step2 failed to accommodate the employee when it did not excuse her pregnancy and disability-related absences. Instead, Step2 retaliated against the worker for requesting accommodations, interfered with her ability to seek reasonable accommodations, and then fired her.

EEOC V. Battelle Energy Alliance, LLC (BEA)

The EEOC’s investigation, after receiving multiple complaints, found reasonable cause to believe that BEA discriminated against a class of more than 100 employees by denying accommodations for their sincerely held religious beliefs and/or disabilities under the company’s mandatory COVID-19 vaccine policy. Following the investigation, a three-year agreement was agreed upon requiring BEA to provide back pay and compensatory damages to the aggrieved individuals. The agreement also requires BEA to train human resources personnel on religious and disability-related accommodation request policies.

EEOC v. Sutter Roseville Medical Center (Sutter Roseville)

According to the suit, a staff nurse alleged that she had been discharged after her managers refused to provide her with a reasonable accommodation for her disability. The EEOC investigation found evidence confirming that rather than provide her with the reasonable accommodation of a lateral reassignment to an open position, Sutter Roseville refused to consider any accommodation and instead terminated her because of her disability. Sutter Roseville agreed to provide $200,000 in back pay and compensatory damages along with other injunctive relief.

Center for the Independence of the Disabled, New York, et al v. Metropolitan Transportation Authority

A coalition of disability rights advocates announced a settlement of a class action lawsuit against the New York Metropolitan Transportation Authority regarding elevator outages in the New York subway system. The settlement follows litigation in both the federal district court and court of appeals regarding what steps the MTA needs to take when elevators are out of service. Among other things, the settlement requires mandatory customer service training for all subway station agents on disability-related topics, including how to assist customers with disabilities in the event of an elevator outage, adding information to the website regarding all current elevator outages, and acknowledge customer complaints regarding accessibility elevator outages within one business day. Learn more: Settlement in Disability Advocates’ Class Action Over MTA Elevators Includes Major Efforts to Improve Usability of Subway System for People with Disabilities.

DOJ v. Roll R Way

The U.S. Attorney’s Office received several complaints that families with children with Type 1 Diabetes were refused entry into Roll R Way skating center. On separate occasions, each family wanted to enter with their child’s diabetes treatment supplies, which included a small amount of food and drink to regulate the child’s low blood sugar. Management of the skating center refused the families entry because of its “no outside food or drink” policy. Under the terms of the settlement agreement, Roll R Way must revise its “no outside food or drink policy” to include a reasonable modification for patrons with diabetes and dietary restrictions. Roll R Way will train their employees on the new accommodation policy and provide notice to the public to request an accommodation, if needed.

DOJ v. APC, INC.

The U.S. determined that APC violated the ADA when it refused to allow the complainant to attend a post-hospitalization medical appointment with his service animal. APC claimed to have a “no pets policy” and that their office is a “sterile environment.” APC’s denial caused the complainant to experience a PTSD episode, followed by repeated seizures during the car ride home and over the next several days, and to abruptly discontinue the medicine an APC physician had prescribed him while he was hospitalized. Under the terms of the settlement agreement, APC must pay $100,000 to compensate the complainant and his wife for the discrimination they faced. APC must adopt, maintain, and enforce a service animal policy and a non-discrimination policy regarding discrimination on the basis of disability.