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Employment - Disability

  • CP v. “Custodial services,” employment, disability. CP alleged he was harassed based on disability, then terminated based on his disability.  Settled for $2,000; manager to attend sensitivity training related to working with people with special needs, focusing in particular on communication styles, to be completed in 90 days or 180 days at the latest.
  • CP v. “Construction company,” employment, disability. Probable cause found when Respondent denied CP’s request for a reasonable accommodation.  After a work-related injury, CP, a truck driver, returned to work with permanent restrictions. CP asked that Respondent install a bucket seat which would partially recline at the expense of approximately $200 to $300.  The facts establish that Respondent was clear about denying this accommodation because of the cost. CP established he has a qualifying disability and would be able to perform the essential functions of the position with this accommodation. The parties settled for an undisclosed amount during the conciliation process, prior to public hearing.
  • CP v. “Restaurant,” employment, disability. Probable cause found when Respondent denied CP’s application for employment because of disability.  Respondent advertised the position in the newspaper. CP responded by phone, at which time Respondent’s owner conducted a prescreening interview asking questions such as: are you an alcoholic, are you a drug addict, are you on social security disability insurance (SSDI), etc. CP said he was on SSDI. Respondent told CP, in part, because of his disability he would not work out for the position, then hung up the phone. The parties settled for an undisclosed amount during the conciliation process, prior to public hearing.

* CP stands for "Charging Party"