There are many types of employment laws in place to help protect workers from discriminatory practices in the workplace. Expert attorney Ty Hyderally diligently works to educate both employers and employees about the various aspects of employment law. His intent is to help make the workplace a safe place for employees and employers. He speaks extensively to individuals on a corporate level on how to treat employees with respect and how to create a workplace that is free from hostility and discrimination. One area of employment law covers disability discrimination which is based on the ADA (Americans with Disabilities Act). This law prohibits any discriminatory actions toward a person based on their disability. Tayeb Hyderally constantly studies new cases that are filed by the EEOC so that he can stay abreast of any changes that occur. Ty Hyderally is an expert who has many years of successfully litigating for his clients. This employment law case concerns a woman who felt she had been discriminated against because of her disability.
EEOC vs. Staffmark and Sony
Staffmark is a staffing agency who assigned Dorothy Shanks to a temporary job working for a Sony company, Ozzy Hessey Logistics (OHL). The facility is used by Sony in order to provide inspections of their products and then package them to ship out. Ms. Shanks took the temporary position but then was told by Staffmark on her second day of employment that she was being moved to another location in the facility. Company officials told her that they did not want anyone to “bump into her.” They stated that they would find her a position in which she could sit to work. However, the company never assigned her to any position after that even though she called them repeatedly looking for employment.
After an administrative investigation, the EEOC believed that there was reasonable cause that pointed to her firing due to her prosthetic leg. The Americans with Disabilities Act requires that any individuals who have a disability be assessed on their ability to perform the necessary functions of the job, even if that means that the company must make reasonable accommodations in order for them to succeed. However, Ms. Shanks had no trouble performing her job responsibilities. She was simply fired because of fears pertaining to her prosthetic leg; these fears that were completely unjustified. Firing an individual based on a fear or stereotype about their disability is prohibited by the ADA. In these types of cases, the EEOC will defend the worker who was unfairly treated.
Staffing agencies are not exempt from liability for different forms of discrimination by trying to blame the client’s (employer’s) orders. Employers are also not exempt from liability by trying to say that the victim of the discriminatory actions was not “really employed” by them but was employed by the staffing agency. In this case, it is for certain that Ms. Shanks will be protected under the ADA and it is very likely that the company will be found guilty of non-compliance with the law. Since there was no voluntary agreement or settlement reached, the EEOC is pursuing a law suit.