An interesting case recently came to our attention. It isn't from Wisconsin, but it illustrates how tricky retaliation claims can be.
The owner of 25 McDonald's franchises in Wisconsin is settling a federal class action lawsuit for sexual harassment. The U.S. Equal Employment Opportunity Commission is suing on behalf of 10 female employees.
When we hear the word "disability," we tend to think of disabilities that are obvious. We know that a person in a wheelchair or a person with a white cane has a disability. There are, though, less obvious types of disability that we may not notice right away: mood disorders or chronic diseases, for example. Congress understood this when crafting the Americans with Disabilities Act.
A newspaper recently agreed to pay a disabled employee $150,000 to settle a disability discrimination lawsuit. A commercial print manager for the Jackson Sun took a medical leave of absence from work related to a spinal surgery and subsequent permanent spinal cord damage. Following his return to work, and after only one week back on the job, the print manager was fired. An EEOC press release alleges that Jackson Sun did not make a good-faith effort to accommodate the print manager's disability.
Working with the Equal Employment Opportunity Commission, a former library services director has filed a lawsuit against her employer after being fired in alleged violation of the Americans with Disabilities Act and age discrimination laws. After working at a county library district for seven years, she was diagnosed with cancer and had to be hospitalized after undergoing surgery.
We are continuing our discussion of a recent decision handed down from a three-judge panel of the 7th U.S. Circuit Court of Appeals. The decision has reignited a debate between the Equal Employment Opportunity Commission and the 7th Circuit, which includes Wisconsin -- a debate that involves other circuits and the U.S. Supreme Court. The issue is whether the Americans with Disabilities Act requires an employer to reassign a worker who has become disabled; the reassignment would be considered a reasonable accommodation.
In our last post, we discussed the record number of claims that the Equal Employment Opportunity Commission handled last year. According to the recently released draft strategic plan, budget cuts will not undermine the commission's investigation and enforcement of workplace discrimination claims any time soon.