Discrimination can take many forms all of which are distasteful. There are also times when people try to claim discrimination in the workplace and it simply has not occurred. Employment law experts such as Ty Hyderally can help clients determine if discrimination in the workplace has occurred or not. Perhaps one of the most difficult areas in employment law is that of disability discrimination as the definition can sometimes be vague. But there are times in cases such as this one with the Sutton twins when it is clear that the employer has not engaged in discriminatory activities. Cases such as these take careful consideration to ensure that everyone’s rights are protected.
Sutton v. United Airlines
The Suttons, Kimberly Hinton and Karen Sutton are identical twins who both suffer from acute visual myopia. They filed a suit under the ADA of 1990 against United Air Lines when they failed to hire them for positions as commercial airline pilots. The company has a standard for pilots which states their uncorrected vision has to be 20/100 or better. The twins both have uncorrected vision which is worse than 20/200; but it is 20/20 with the use of corrective lenses. Other than the vision requirements, the twins met all other criteria for pilot positions. When they were not hired, the twins filed a suit claiming that they were discriminated against. The court dismissed the case based on the fact that the actions were not discriminatory in nature; and they were not covered by the ADA. Continue Reading
The EEOC is in existence to enforce federal laws which prohibit discrimination in the workplace. When an employee feels that a discriminatory act has occurred, they can file a complaint with the EEOC. It is also wise to seek council with an attorney who is an expert at employment law. Many times in cases of workplace discrimination a case is not sought because the individual does not recognize the act as discriminatory. It is very important for those who suspect this type of illegitimate activity on the behalf of an employer to seek council from experts such as Tayeb Hyderally. Such is the case involving a worker who was terminated once she asked for time off to have a life saving surgery.
The EEOC Claim
There are not too many cases in which a heart condition can be considered a disability which is covered by the Americans with Disabilities Act. (ADA) However, in New Hampshire the EEOC did charge a Nashua company under the ADA. The company terminated Nancy Hajjar because of her heart condition. Windmill International, Inc. terminated Ms. Hajjar one week after she requested time off for a heart procedure which would clear her clogged arteries and she stated she may possibly need heart surgery as well. According to the EEOC, this was potentially a life-threatening impairment. Continue Reading
The world of employment law can be rather complex, especially when it comes to defining terms as it relates to disability and discrimination. One area that expert lawyers such as Ty Hyderally must correctly interpret is what makes reasonable accommodation. What makes this so difficult to determine is that what might be a reasonable accommodation for one, would not work for another; this means it is determined on a case by case basis which can be complicated. Those interested in employment law have their eyes on a case which involves reasonable accommodations and whether or not a location transfer meets the criteria.
Sanchez vs. Vilsak
Ms. Sanchez is employed by the United States Forest Service. After falling at work she suffered irreversible brain damage which affects her vision. She totally lost the left side in her field of vision. The Tenth Circuit appellate court is set to determine if her employer must consider it a reasonable accommodation to transfer her to another location. Under the Rehabilitation Act the court found that it is a reasonable accommodation to ask for a transfer so that she can receive adequate medical treatment and care.
Sanchez’s Request for Transfer
In this disability discrimination case, Clarice Sanchez did request a transfer so that she could be in a location which is closer to a medical facility. The facility provides her treatment for the lost field of vision due to the work place accident. The employer denied her request for a transfer and they asserted that according to the federal disability discrimination laws they are not required to grant such a transfer to an employee only for the purpose of receiving medical treatment. They also asserted that Sanchez was able to “correct” her vision impairment by just “turning her head.” Continue Reading
The courts are still attempting to determine the boundaries as they are set forth in disability discrimination cases. The EEOC is in place to enforce laws which make it illegal to discriminate against an individual in the workplace based on a disability. The trouble seems to be determining what a “disability” really is. It must be a condition which substantially limits at least one major life activity. Employment law experts can help individuals decipher the guidelines as they are laid out by the ADA. Discrimination of workers based on limiting disabilities is illegal in the workplace. Tayeb Hyderally is an expert at employment law and keeps up on cases which pertain to employment law as it relates to disability discrimination.
EEOC vs. Cottonwood Financial Ltd
The EEOC filed a case against Cottonwood Financial stating that they erroneously terminated store manager Sean Reilly. The company allegedly fired him because they thought he was too disabled to work because he has bipolar disorder. Reilly was under the care of a physician and was actively working to control his disability while attending school and attempting to secure employment. He had been an honor student when he was in high school and had begun attending college in Portland, Oregon while on a scholarship based on academic excellence. While he was in college he was diagnosed as having bipolar disorder. His symptoms worsened and he was forced to withdraw from school at which time he returned to Texas and began working at The Cash Store in Cottonwood, Texas. Continue Reading