In Oklahoma City, Sysco Oklahoma LLC, a food distribution company that distributes food to restaurants, health care and educational facilities, and businesses throughout the Oklahoma region is settling a lawsuit for $82,000 after a disabled employee was fired for parking in a handicap parking space, according to the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC brought the lawsuit alleging that the former employer subjected disabled employee, Amanda Thompson, to unlawful medical inquiries, demands and then, termination because of her disability despite having a valid handicap permit and was a good employee. The lawsuit also sought declaratory relief which included back pay, compensatory and punitive damages and reinstatement for the former employee, as well as and injunctive relief which consisted of training of managers on disability discrimination, posting notification to employees, implementing anti-discrimination policies, and training on disability anti-discrimination law. Read Full Article

According to the Americans with Disabilities Act of 1990 under the US Equal Employment Opportunity Commission, it is illegal to diminish a person’s right to fully participate in all aspects of society based on physical or mental disabilities. However, many people with physical or mental disabilities have been precluded participating in all aspects of society because of discrimination. As such, Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex.  Learn More

Leeds Morelli & Brown, PC is a law firm that has had considerable success in handling matters such as these throughout Long Island and the New York City area. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.

An Outback Steakhouse restaurant in Phoenix Arizona fired an employee on because he needed a reasonable accommodation. The EEOC has filed a lawsuit against the company, OSI Restaurant Partners, LLC d/b/a Outback Steakhouse and OS Restaurant Services, Inc. The lawsuit alleges that server John Woods, who suffers from traumatic brain injury, worked as a server from November, 2009 until approximately January, 2010, when he was fired. The EEOC charged that Outback terminated Woods’ employment because of his disability and/or because he needed a reasonable accommodation. The lawsuit seeks back pay, compensatory and punitive damages for Woods, as well as appropriate injunctive relief to prevent any further discriminatory practices. Full article.

Title I of the Americans with Disabilities Act (ADA) as amended by the ADA Amendments Act of 2008 (ADAAA), prohibits private employers from discriminating against qualified individuals with disabilities in hiring, firing, advancement, compensation, and other terms, conditions, and privileges of employment. The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer. A reasonable accommodation is any change in the work environment, or in the way things are usually done, to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment. EEOC Website.

Leeds Morelli & Brown, PC centers its practice around the area of employment law. Our firm has had considerable success in matters of employment discrimination throughout Long Island and the New York City area. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.

Kenlie Tiggeman from New York City alleged that she experienced weight discrimination in a recent a layover in Dallas on Easter Sunday. She alleged that she and her mother were singled out by a Southwest employee for their weight. According to Southwest’s “Customers of Size” policy, passengers are required to buy a second seat if they cannot fit between the armrests, which is supposed to measure 17 inches across the seat. After a Southwest supervisor intervened, the women were allowed on the flight without buying additional seats. They were even given flight vouchers and an apology. The plaintiff wrote about this experience on her blog and has since gained notoriety.  See full article: http://www.msnbc.msn.com/id/42996971/ns/travel-news/

While weight discrimination is not protected under New York law, there is some legal recourse for people who have suffered weight discrimination. Aggrieved parties can look to the Rehabilitation Act of 1973 (RA) and the Americans with Disabilities Act of 1990 (ADA). Claims that are filed under these Acts are related to weight-based discrimination in employment settings. However, only a few cases have been successful. Additionally, the fact as to whether obesity is considered a “disability” under the ADA is questionable.

 The law firm of Leeds Morelli & Brown, P.C. represents individuals facing discrimination throughout Nassau and Suffolk counties, Manhattan, Queens, Brooklyn, Bronx, and Staten Island.  For more information, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-800-585-4658. Leeds Morelli & Brown P.C.’s website is located at www.lmblaw.com

While some hiring decisions are considered to be discriminatory, the following are not: Not hiring a person whose personality appears to be a “poor fit”; Not hiring a person whose English is not fluent for a position that involves speaking with customers on the telephone all day; Not hiring a person who is overweight and does not meet an employer’s established weight requirements. However, not hiring or firing someone for the following reasons is considered discriminatory: race, color, religion, sex, national origin, disability, genetic information or age.  Full story: http://articles.nydailynews.com/2011-04-08/news/29412404_1_personal-trainer-employers-practic

Currently, the law stands to protect people from discriminatory hiring. Federal and state laws which include Title VII of the Civil Rights Act of 1964 have been enacted to prevent employers from unfairly discriminating against job candidates and employees.  These laws also protect people from retaliation for filing a charge of discrimination. According to the United States Department of Labor, Title VII of the Civil Rights Act of 1964 is enforced by the Equal Employment Opportunity Commission (EEOC).  See: http://www.dol.gov/dol/topic/discrimination/ethnicdisc.htm

As a recognized equal opportunity and anti-discrimination firms in New York, Leeds Morelli & Brown P.C. works to achieve successful judgments that are in the best interests of their clients.  If you or someone you know has been affected by employment discrimination or seeking a class action please feel free to contact Leeds, Morelli & Brown, PC at 1-800-585-4658 for a free consultation or view their web page at www.lmblaw.com.

Former employee of the mega real estate firm Corcoran Group has filed a lawsuit against the company claiming he has fired because president and CEO Pamela Liebman does not like “fat people.”  Describing himself has an “overweight gay male,” Jason Riggs claims that Liebman “constantly talked about weight, diets, gym, and the like in the office” and “was fairly obsessed with these issues.”  Nearly a month after reporting the discrimination to human resources, Riggs was fired from his position as manager in the firm’s executive offices on Madison Avenue, having been with the firm for over ten years. Read more.

In a society that is obsessed with looks and image, it may feel very isolating to be overweight.  Topics of gym work outs and latest diets are discussed around almost every office water cooler.  If an employer discriminates against an overweight employee because of his weight, it remains questionable whether the overweight employee is protected under the Americans with Disabilities Act (“ADA”).  ADA provides that employers covered by the statute may not discriminate against a qualified individual with a disability with respect to employment matters.  However, it remains unclear whether obesity is covered by the ADA.  The ADA states that morbid obesity, which is defined as weighing more than 100 percent over the norm, is considered a disability if it substantially limits, has limited, or is viewed as substantially limiting a major life activity.  As far as those who are not morbidly obese, courts are reluctant to extend ADA protection to these individuals.  For more information:  http://www.ada.gov/

Leeds Morelli & Brown, PC is a nationally recognized firm in the area of employment law.  Our firm has had considerable success in matters of employment discrimination throughout Long Island and the New York City area.  For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.

Philadelphia McDonald’s has agreed to pay $90,000 to settle a federal discrimination lawsuit on behalf of a worker with an intellectual disability.  Timothy Artis, a lot and lobby worker at the McDonald’s, despite having successfully performed his job duties, was constantly harassed by his supervisors, other managers, and co-workers who repeatedly called him offensive and degrading names because of his disability. The harassment included physical shoving and threats, including one occasion when a co-worker threatened Artis with a box cutter.  Full story:  EEOC website

The Americans with Disabilities Act (ADA), provides broad nondiscrimination protection for individuals with disabilities in employment public services, public accommodations and services operated by private entities, transportation, and telecommunication.  An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.  ADA’s Guide to Disability Rights Law

The attorneys at Leeds Morelli & Brown, P.C., dedicate a large amount of their practice to employment discrimination claims.  For any questions, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-800-585-4658. Leeds Morelli & Brown P.C.’s website is located at www.lmblaw.com.

A Wal-Mart in Michigan fired an employee with cancer who uses medical marijuana, after a test came back positive for cannabis. The former employee is Joseph Casias, who is 29 years old, registered with the state and carries a medical marijuana card. Casias did not tell Wal-Mart about his treatment because he thought the treatment was between him and his doctor. The plaintiff contends that he was wrongfully terminated.  However, Wal-Mart says it will challenge this claim as well as Casias’ unemployment compensation claim. Wal-Mart’s policy, like the policy of other companies, indicates that in states such as Michigan which allow marijuana use for medical purposes, the store can still terminate an employee following a positive drug test.  Notice of his termination was devastating for Casias, who once earned the honor of Associate of the Year. Casias started taking medicinal cannibas last June to cope with the constant pain due to sinus cancer and a brain tumor. Casias says management told him Wal-Mart does not honor medical marijuana cards.

Michigan law protects any employer’s right to terminate for marijuana use, but the law also states that a qualifying patient who has been issued and possesses a registry identification card shall not be subject to penalty in any manner, or denied any right or privilege or disciplinary action by a business for medical marijuana use.  The law in Michigan says employers do not have to accommodate the ingestion of marijuana in the workplace or employees working while under the influence. Casias says he never used the marijuana before or during work. However, the drug was detected because it can take weeks for marijuana to leave the system. Doctors say medical marijuana is a type of substance that could be hazardous to the workplace. When Casias was employed with Wal-Mart he unloaded trucks for the store. Despite the possible occupational hazards, Dr. Martin Makary, associate professor of Health Policy at Johns Hopkins University, says that if a person used medical Cannabis on a Friday night and then went to work on Sunday, they wouldn’t be impaired on the job.

The Michigan ACLU has stated that it is illegal to fire someone for treating their disease with a medicine that’s legal in the state and recommended by a physician. Additionally, the Marijuana Policy Institute in Washington, D.C. is calling for a nationwide boycott of Wal-Mart over the firing.

See: http://www.laborradio.org/node/13137
See: http://abcnews.go.com/Business/michgan-man-fired-walmart-medical-marijuana/story?id=10122193

In New York, most employment is considered to be “at will” in the absence of an employment agreement. Therefore, the term “wrongful termination” is misleading because in New York employers can terminate an employee for cause or for no reason at all. This means that employers can fire an employee if they don’t like him/her, or even based on the employee’s clothing.

An employer may do so unless an employee’s rights are protected under employment discrimination laws. Employers cannot discriminate against an employee based on age, sex or gender, race, national origin, disability, perceived disability, pregnancy status, marital status, or sexual orientation. Additionally, employers cannot discriminate if an employee has an employment contract with the employer, either written or implied, which holds that the employee cannot be fired without just cause for a certain time period. The terms of that employment contract usually set out the reasons for which an employee can be fired.

For example, with respect to Disability Discrimination, New York laws prohibit employers from discriminating against individuals with disabilities or perceived disabilities (such as employees who have Cancer) with respect to job application procedures, hiring, firing, advancement, compensation, job training and other terms, conditions and privileges of employment. Under Federal law, these rights are protected under the Americans with Disabilities Act. Additionally, this Federal law requires employers to make reasonable accommodations for employees with disabilities.

Disability discrimination can come in many forms. It can consist of comments about a disability made by another employee leading to an adverse employment action against the injured employee. Other forms include when an employer fails to promote or terminates an employee’s job when the employee is able to perform the essential functions of the job with reasonable accommodation, and the employer refuses to accommodate the disability.
Source: http://www.ada.gov/cguide.htm#anchor62335

Leeds Morelli & Brown, PC lawyers specialize in maters relating to wrongful termination, unjust dismissal, in handling overtime claims, wage and hour law violations, and unemployment compensation claims.  Leeds Morelli & Brown, PC lawyers service injured parties who have been affected by employers who violate these important equal opportunity and employment rights throughout Long Island, the New York Metropolitan area.  For a free consultation, contact Leeds Morelli & Brown, PC at 1-800-585-4658.

By: Elizabeth Lopez

AT&T Services, Inc., doing business as Southwestern Bell Telephone Company, L.P. (AT&T), a major telephone company, violated federal law by refusing to hire an applicant simply because he is an insulin-dependent diabetic, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit.

According to the suit, AT&T violated the Americans with Disabilities Act (ADA) by failing to hire an applicant as a cable splicer technician only because of his “insulin use” for type 2 diabetes.

The applicant indisputably had the necessary experience and expertise to perform the job and had previously safely performed a similar job for AT&T for many years after he was diagnosed with diabetes, however he was still denied employment. Refusing to hire a qualified individual because of his or her disability, record of disability, or because the employer perceives a person as being disabled, violates the ADA.

After the EEOC’s San Antonio Field office determined that AT&T had violated the law, it filed suit in the U.S. District Court for the Western District of Texas, Austin Division. The EEOC seeks back pay, compensatory damages and punitive damages for the victim, as well as injunctive relief.

Leeds, Morelli and Brown, PC is an established employment and civil rights law firm representing victims of discrimination throughout Long Island, the entire New York City area and nationwide. We understand the distinction between the words, “inability” and “disability” and have been working to get that message across to employers for more than two decades.

If you believe you are a victim of discrimination call Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free and confidential consultation.

By Karen Best

In less than a week, two separate juries found that Suffolk County discriminated against two of their own officers. On Thursday a Central Islip jury awarded former Suffolk County police officer, Mathew Sforza, $450,000 in compensatory damages. Sforza’s lawsuit alleged he was discriminated against because of his disability.

Over the course of his 15 year career, Sforza suffered back injuries in the line of duty. During the time of the injuries Sforza did take necessary leave off from work. When Sforza returned he not only wanted to continue doing his civic duties but he also wanted to be promoted. He took the necessary civil service exam to become a sergeant and scored higher than the majority of his fellow officers. Sforza had no civilian or interoffice complaints and he was just as productive as his colleagues.

To Sforza’s surprise he was passed up for a promotion not once but three times. Officers who scored lower on the exam and had spotty work records were given promotions over him. When Sforza inquired about the situation he was told he might get injured again and if promoted would retire with a disability pension.

Shocked and devastated Sforza turned to Leeds, Morelli and Brown, PC. Represented by Rick Ostrove, the lead trial counsel for the firm, Sforza had his day in court and a jury of his peers also believed he was discriminated against.

Leeds, Morelli and Brown, PC is an established employment and civil rights law firm representing victims of discrimination throughout Long Island, the entire New York City area, and nationwide. We understand the distinction between the words, “inability” and “disability” and have been working to get that message across to employers for more than two decades. If you believe you are a victim of discrimination call Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free and confidential consultation.

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CNN is reporting that two veteran’s groups filed a federal lawsuit on Monday, November 10, seeking to force the Department of Veterans Affairs to provide expedited hearings for disabled Veterans’ seeking assistance. www.edition.cnn.com/2008/US/11/10/veterans.lawsuit. The groups are also asking that appeals of decisions issued by the Department of Veterans Affairs be handled in a timely manner, and that interim benefits be provided to veterans while decisions are pending. According to John Rowan, president of the Vietnam Veterans of America, the failure of the Department of Veterans Affairs to rule on veterans’ compensation claims creates “the impression that the nation does not respect its veterans.” Read the rest of this entry »