Potential employee denied work because of disability

By Staff reports

The Rolla Daily News

The Missouri Department of Labor’s Missouri Commission on Human Rights (MCHR) announced that Laclede Cab Company in St. Louis has been ordered to pay $85,000 in damages for not hiring a taxi driver because of his disability.

The Complainant applied for a job with the taxi company but was sent away after disclosing that he had previously had a stroke. Even though the Complainant had been driving taxi cabs for several years after his stroke, the employer told him that it did not think its insurance company would cover him.

The case was heard by the state’s Administrative Hearing Commission and the decision and order was approved by a panel of three commissioners with the MCHR.

Assistant Attorney General Vanessa Howard Ellis represented MCHR at the hearing. This case only went to hearing after MCHR attempted to reach a voluntary settlement with the company.

MCHR ordered the company to pay $50,000 in actual damages and $35,000 for violating the Complainant’s civil rights. MCHR also ordered the company to cease and desist from practicing this unlawful discrimination.

EEOC sues Walgreen for disability discrimination in diabetic worker firing

SAN FRANCISCO—The U.S. Equal Employment Opportunity is suing Walgreen Co., alleging disability discrimination for firing a worker with diabetes who ate a snack sold at the store because she was suffering from low blood sugar.

The EEOC, which filed the lawsuit Thursday, said Josefina Hernandez, a cashier at a South San Francisco, Calif., store operated by Deerfield, Ill.-based Walgreen, had worked for the company almost 18 years with no disciplinary record, and the drugstore chain knew of her diabetes.

However, she was fired in 2008 after Walgreen was informed she had eaten a $1.39 bag of chips because her blood sugar was low, even though she paid for the snack when she came off cashier duty.

The lawsuit, filed in San Francisco federal court, seeks monetary damages, including back pay, compensation for emotional distress and punitive damages, as well as measures to prevent future discrimination by Walgreen. The EEOC said it filed suit after first trying to reach a voluntary settlement.

(full story HERE)

Ten Employment Myths: Information about the Americans with Disabilities Act

Many employers misunderstand the Americans with Disabilities Act and are reluctant to hire people with disabilities because of unfounded myths. This seventeen-minute video responds to concerns expressed by employers, explaining the ADA in common sense terms and dispelling myths about this often overlooked pool of well-qualified employees.

Dial Up (Modem & ISDN) QuickTime: Open Captions | Audio Description Real: Open Captions | Audio Description High Speed Internet (DSL/Cable) QuickTime: Open Captions | Audio Description Real:Open Captions | Audio Description

Monica Yant Kinney: A reverse twist on medical insurance

Jimmy Curran should celebrate.

The 22-year-old Montgomery County native graduated from Temple University's honors program with a finance degree in May and parlayed experience at prestigious internships - on Wall Street and Capitol Hill - into a job offer at Independence Blue Cross.

Last week, Curran and a pal found an apartment in a Center City high-rise. On Monday, he starts work as a market research analyst for the insurer, remarkable given how many smart and savvy grads remain sidelined by the economy.

So what ails this young corporate climber? The gnawing feeling that he's about to be punished for doing exactly what he was told.

(read full story HERE)

September 11, 2011|By Monica Yant Kinney, Inquirer Columnist

Image 1 of 2

View Gallery

• 

At Park Towne Place, Jimmy Curran checks out an apartment with his sister, Adrian. With…

Job Initiatives Focus on Vets, Family Members

Job Initiatives Focus on Vets, Family Members By Donna Miles American Forces Press Service WASHINGTON, Aug. 31, 2011 – President Barack Obama yesterday called on Congress to move quickly on an initiative to offer tax credits to employers who hire unemployed veterans, including those with disabilities. Speaking yesterday at the American Legion National Convention in Minneapolis, the president emphasized the nation’s responsibility to care for its veterans. “To get this done, I’ve proposed a Returning Heroes Tax Credit for companies that hire unemployed veterans and a Wounded Warrior Tax Credit for companies that hire unemployed veterans with a disability,” Obama told the assembly. “When Congress returns from recess, this needs to be at the top of the agenda.” Obama said he has directed the federal government to hire more veterans. During the past year and a half, that directive has resulted in more than 100,000 veteran hires. And, the U.S. Office of Personnel Management announced today that it has published final regulations to give military spouses of deceased and 100-percent disabled veterans as much time as they need to apply for a federal job under the military spouse hiring authority. “But in this tough economy, far too many of our veterans are still unemployed,” the president said yesterday. “That’s why I’ve proposed a comprehensive initiative to make sure we’re tapping the incredible talents of our veterans.” The two-part initiative is designed to help the newest veterans find and get private-sector jobs, while providing tax credits for companies that hire unemployed veterans, including those with disabilities, the president explained. Obama said he has directed the Defense Department and Department of Veterans Affairs to create a “reverse boot camp” to help the newest veterans prepare for civilian jobs and translate their military skills into industry-accepted licenses and credentials. He also called on every state to pass laws making it easier for veterans to get the credentials, and jobs for which they qualify. The second part of the initiative calls on the private sector to do its part. “I’ve challenged companies across America to hire or train 100,000 unemployed veterans or their spouses,” Obama said. This, he noted, builds on commitments many companies have made as part of the Joining Forces campaign being led by First Lady Michelle Obama and Dr. Jill Biden, wife of Vice President Joe Biden. Saluting the 5 million Americans who have served in uniform since 9/11 as a “generation of innovators” who’ve “changed the way America fights and wins its wars,” President Barack Obama said yesterday that veterans also are the very people the nation needs to jump-start its economy. “After a decade of war, it’s time to focus on nation building here at home,” the president said. “And our veterans, especially our ‘9/11-Generation’ veterans, have the skills and the dedication to help lead the way.” “We need these veterans working and contributing and creating the new jobs and industries that will keep America competitive in the 21st century,” he said. Obama cited funding for the post-9/11 GI Bill that’s now helping more than 500,000 veterans and family members “go to college, get their degrees and play their part in moving America forward.” The program will expand this fall to include vocational training and apprenticeships “so veterans can develop the skills to succeed in today’s economy,” he said. Meanwhile, OPM’s new rule, published today, gives specified military spouses more opportunity to get government jobs. Previously, certain military spouses and widows or widowers could be appointed non-competitively to a federal job within a limited two-year timeframe after their spouse died or became totally disabled, OPM officials explained. However, many spouses were not prepared to enter the workforce within that timeframe, they said. Some were still grieving or were enrolled in educational or training programs or caring for children or their disabled spouse. The final regulations recognize that two years may not be enough time for these spouses to seek and obtain a federal job. “Military spouses make countless sacrifices for our nation through their dedication and support on the home front while their loved ones are serving,” said OPM Director John Berry. “In recognition of their sacrifice, this rule will help military spouses find employment in the government.”

Related Sites: Office of Personnel Management Related Articles: Obama Vows Solid Support for Veterans

How Workers' Compensation and Other Benefits Can Affect SSDI Benefits

f you receive SSDI benefits, there are limits on how much total compensation you can collect if you also are eligible for additional public disability or workers' compensation benefits.

July 03, 2011 /24-7PressRelease/ -- How Workers' Compensation and Other Benefits Can Affect SSDI Benefits

If you receive Social Security Disability Insurance (SSDI) benefits, there are limits on how much total compensation you can collect if you also are eligible for additional public disability or workers' compensation benefits. If your benefits exceed an amount set by the Social Security Administration (SSA), the SSA may reduce the amount of SSDI benefits you receive to offset the other public disability or workers' compensation benefits you receive.

Public Benefits That May Reduce Your SSDI Benefits

Workers' compensation and public disability benefits can reduce the amount of SSDI benefits obtained. Other types of disability benefits that may reduce SSDI benefits include:
-Civil service disability benefits
-State temporary disability benefits
-State or local government retirement benefits based on disability

Public Payments That Do Not Reduce Your SSDI Benefits

According to the SSA, the following types of public benefits, among others, do not affect the amount of SSDI benefits you receive:
-Unemployment benefits
-Veterans Affairs benefits
-State and local government benefits, if Social Security taxes were deducted from your earnings
-Supplemental Security Income (SSI)
-Needs-based benefits
-Employer-paid sick pay
-Damages from tort or negligence lawsuits
-Railroad Unemployment Insurance Act (RUIA) sickness benefits or railroad-injury settlement amounts under the Federal Employer's Liability Act (FELA)
-Jones Act payments for injured merchant seamen

It is important to note that payments from a private pension or private insurance also do not affect the amount of SSDI benefits received.

Public Benefit Limits

If you receive workers' compensation or other public disability benefits as well as SSDI benefits, the amount of your SSDI benefits may be reduced if the total amount of compensation exceeds a certain amount. The reduction is made only if the sum of your SSDI benefits and other public disability or worker's compensation benefits exceeds either 80 percent of your "average current earnings" before you became disabled or is higher than your family's total SSDI benefit before the reduction.

What Are Average Current Earnings?

The SSA uses different formulas to calculate average current earnings, and which formula they use depends on your specific circumstances.

However, the SSA provides a summary definition of average current earnings in section 504 of its Social Security Handbook. According to the SSA, average current earnings is the highest of the following:
-Your average monthly wage on which your un-indexed disability primary insurance amount is based
-Your average monthly earnings from covered employment (including self-employment) during the highest five consecutive years after 1950
-Your average monthly earnings based on the single calendar year of highest earnings from covered employment, either the year your disability began or any of the five years immediately before your disability began

"Covered employment" is defined as employment through which Federal Insurance Contribution Act (FICA) taxes are paid. If your total SSDI, public disability and workers' compensation benefits exceed 80 percent of your average current earnings or exceed your family's total SSDI benefits, your SSDI benefits will be reduced until you stop receiving the other benefits or until you reach age 65, whichever occurs first.

A Sample Calculation

The SSA provides this example: If your average current earnings were $4,000 a month before you became disabled, you, your spouse and your two children would be eligible to receive a total of $2,200 a month in SSDI benefits.

However, if you also receive $2,000 a month in workers' compensation benefits, because the total amount of benefits you receive ($4,200) is more than 80 percent of your average current earnings (80 percent of $4,000, therefore, $3,200), your SSDI benefits would be reduced by $1,000 to offset the workers' compensation benefits and bring your total amount of compensation within the SSA's limits to $3,200.

How an Attorney Can Help

The SSA statutes, regulations and procedures are very complex. Therefore, the assistance of a lawyer who practices exclusively in this area of law is invaluable when analyzing how your SSDI benefits may be affected by other disability payments. It is important not only to understand each of the SSA's rules individually, but also to understand how they work in relation to other regulations and provisions of the Social Security Act and other laws. If you would like to know more about SSDI or other Social Security benefits, contact a knowledgeable Social Security Disability attorney in your area.

Press Release Contact Information:

Findlaw PR

Justice Department Settles Lawsuit with the Puerto Rico Department of Justice Regarding Employment Rights Under the ADA

WASHINGTON – The Justice Department today settled a lawsuit with the Puerto Rico Department of Justice (PRDOJ) to protect the rights of employees with disabilities under the Americans with Disabilities Act (ADA). The settlement resolves a complaint that the PRDOJ discriminated against an employee with a disability by failing to provide her with a reasonable accommodation, as required by the ADA.

The complaint alleged that the PRDOJ relocated an employee who uses a wheelchair to an office building that the PRDOJ knew did not provide the employee with accessible bathrooms or accessible parking. As a result, the employee was forced to seek help from others to park and enter her place of work, and she resorted to intentionally dehydrating herself at work because she could not access the office bathrooms, according to the complaint.

“The Americans with Disabilities Act protects the right of every American to work without facing these types of indignities and hurdles,” said Thomas Perez, Assistant Attorney General for the Civil Rights Division. “This settlement reinforces the Civil Rights Division’s commitment to ensuring the promise of equal employment opportunity for all individuals with disabilities.”

The settlement agreement, which must be approved by the district court in San Juan, requires the PRDOJ to pay $45,000 to the aggrieved employee; to provide training to employees on the requirements of the ADA; and to adopt policies to ensure that the PRDOJ does not require employees with disabilities to attend meetings at, or to be relocated to, an inaccessible office location.

Title I of the ADA prohibits employers, such as the PRDOJ, from discriminating against a qualified individual on the basis of disability in regard to job application procedures; hiring, advancement, or discharge; employee compensation; job training; and other terms, conditions, and privileges of employment. In addition, a n employer is required to make a reasonable accommodation to the known disability of an employee if it would not impose an “undue hardship” on the operation of the employer’s business. Reasonable accommodations are adjustments or modifications provided by an employer to enable people with disabilities to enjoy equal employment opportunities.

Those interested in finding out more about federal disability rights statutes can call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD), or access the ADA website at www.ada.gov .