In an August 26, 2009 Press Release, the Equal Employment Opportunity Commission (”EEOC”) announced that it filed a federal lawsuit against an automotive components company, alleging the company violated federal law by failing to accommodate an employee’s religious beliefs and by firing him because of his religion.  See, http://www.eeoc.gov/press/8-26-09b.html .  According to the EEOC Press Release, the company allegedly refused to accommodate the employee’s religious beliefs and practices when the employee refused to submit to a random drug test involving saliva testing since he was a practicing member of the Santeria religion and the Santeria religion forbade him from submitting to such a test.   The EEOC contends as well that the employee did offer to undergo an alternative form of drug testing, but the company fired him.  Title VII of the Civil Rights Act of 1964 prohibits religious discrimination and requires employers to make reasonable accommodations to employees’ and applicants’ sincerely held religious beliefs as long as this does not pose an undue hardship.  An EEOC attorney quoted in the Press Release said “In this case, the employer refused to provide a simple accommodation that would have enabled [the employee] to practice his religious belief and would have prevented this discrimination suit.”  In this regard, the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including work-related religion discrimination.  Further information about the EEOC is available in the agency’s website at www.eeoc.gov .

The U. S. Equal Employment Opportunity Commission (”EEOC”) announced in an August 26, 2009 Press Release that a restaurant in Lucedale, Mississippi will pay $22,000.00 in compensatory damages and furnish remedial relief to settle a disability discrimination lawsuit brought by EEOC attorneys in Mississippi.  See, http://www.eeoc.gov/press/8-26-09d.html .  According to the EEOC Press Release, the federal agency had charged that the company unlawfully fired an employee after learning she had experienced an epileptic seizure at home.  As stated in the Press Release, the Lucedale fast food restaurant terminated her after she presented a return-to-work slip which revealed her condition, saying it was unsafe for her to work in the restaurant around knives, ovens and other equipment due to her medical condition.  However, the EEOC alleged that she had several years of experience working in fast food restaurants and the company made no effort to determine whether her medical condition would restrict or impede her ability to work.  Further, the EEOC contended that the company made no effort at providing a reasonable accommodation.   An EEOC attorney quoted in the Press Release said the employee “was performing her job successfully and should not have been fired.”  In this regard, the Americans With Disabilities Act prohibits employers from making employment decisions that are based on misconceptions, assumptions or beliefs about an individual’s medical condition, and the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including work-related disability discrimination.  Further information about the EEOC is available at www.eeoc.gov .

The U. S. Equal Employment Opportunity Commission (”EEOC”) enforces federal laws prohibiting employment discrimination, including race and national origin discrimination.  In an August 26, 2009 EEOC Press Release, the federal agency announced that a beverage can manufacturer will pay $30,000.00 and provide remedial relief to settle a race and national origin discrimination lawsuit filed by EEOC attorneys in Alabama.  See, http://www.eeoc.gov/press/8-26-09e.html .  According to the Press Release, EEOC attorneys charged that an Hispanic electrician at a Birmingham, Alabama plant was treated differently because of his Hispanic race and Mexican national origin.  As stated in the Press Release, the alleged discriminatory conduct took the form of inappropriate statements to the electrician, subjecting him to increased supervisory review, demotion and discipline because of his Hispanic race and Mexican national origin.  Race and national origin discrimination violate Title VII of the Civil Rights Act of 1964.  EEOC attorneys filed the discrimination lawsuit after first attempting to reach a voluntary out of court settlement.  Further information about the EEOC is available at www.eeoc.gov .

The Arthritis Foundation offers information to the public concerning arthritis, stating in its website that arthritis is often referred to as if it were a single disease.  However, arthritis is actually an umbrella term used for a group of more than 100 medical conditions which collectively affect nearly 46 million adults and 300,00 children in America alone.  See, http://www.arthritis.org/what-is-arthritis.php .  Osteoarthritis is the most common form of arthritis.  Basically, the common thread among these 100-plus conditions is that they all affect the musculoskeletal system and specifically the joints - where two or more bones meet.  Symptoms can include pain, stiffness, inflammation and damage to joint cartilage and surrounding structures.  The Foundation indicates that arthritis-related conditions primarily affect the muscles and bones and can impact basic daily activities like using a computer keyboard, cutting food and walking.

In this regard, the U. S. Equal Employment Opportunity Commission (”EEOC”) announced in an August 26, 2009 Press Release that it filed a federal disability discrimination lawsuit against an airline.  More specifically, the EEOC lawsuit charges that the airline violated federal law by firing a flight operations clerk on the basis of her disability, left knee arthritis.  See, http://www.eeoc.gov/press/8-26-09c.html .  As stated in the Press Release, EEOC attorneys claim in the case that the company fired an employee because the company believed she walked too slowly.  According to the Press Release, the employee developed pain in her left knee a few weeks after she was hired and was eventually diagnosed with arthritis.  The EEOC said she was able to continue working despite walking with a limp and using a cane for assistance.  In addition, the Press Release describes her work duties as involving administrative tasks which required her to sit at a desk the majority of the time, though she did perform some duties which required her to walk between concourses at an airport.  Nevertheless, the company fired her.  The agency said this type of alleged conduct violates the Americans With Disabilities Act, which prohibits employers from discriminating against employees on the basis of disability.  For its own part, the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including disability discrimination.  An EEOC trial attorney quoted in the Press Release said “Federal law protects people from discrimination on the basis of disability [and] companies are not entitled to allow ill-conceived perceptions of disabilities to guide their personnel decisions.” 

Further information about the EEOC and disability discrimination is available in the federal agency’s website at www.eeoc.gov . 

Whether arthritis related workplace disability discrimination occurs in Houston, Texas or elsewhere, victims of unlawful employment discrimination may contact the EEOC and an attorney to determine if a disability discrimination lawsuit is ultimately appropriate under the particular facts and circumstances of the potential workplace arthritis discrimination claim.

Attorneys with the U. S. Department of Justice (”DOJ”) Civil Rights Division announced in an August 26, 2009 Press Release that a former Texas Department of Criminal Justice correctional officer has been sentenced in a Houston federal court for providing a false statement related to a federal civil rights investigation.  See, http://www.usdoj.gov/opa/pr/2009/August/09-crt-873.html .  According to the DOJ Press Release, a federal jury in Houston found the man guilty on May 21, 2008 of providing false information in an official report relating to the alleged assault of a prison inmate under his supervision.  As stated in the Press Release, the evidence at trial focused on a physical altercation between the man and an inmate in which the inmate suffered a factured skull and brain injuries.  The DOJ Press Release said that the man was convicted of falsely asserting in his report that the victim’s injuries were caused when the victim’s head unintentionally hit the floor during the struggle.  The former correctional officer was charged with causing the victim’s injuries by kicking the inmate in the head while the inmate lay on the ground with his hands behind his back; however, the Press Release states that the jury found the man not guilty of a civil rights violation based on these DOJ allegations.  The case was investigated by the FBI and the Office of the Inspector General for the Texas Department of Criminal Justice.

The U. S. Department of Justice (”DOJ”) issued a Press Release on August 26, 2009 in which DOJ attorneys announced that an Indiana man has been indicted by a federal grand jury for charges stemming from a cross burning in September 2007.  See, http://usdoj.gov/opa/pr/2009/August/09-crt-871.html .  The man was charged with one count of interfering with the housing rights of another and one count of using fire in the commission of a felony.  According to the DOJ Press Release, the man burned a cross at the home of an African American man and white woman, returning later with a knife and made threats.  As stated in the Press Release, the charges set forth in the indictment are merely accusations and the defendant is presumed innocent until proven guilty.  FBI Special Agents investigated the case and the case will be prosecuted by a trial attorney from the DOJ Civil Rights Division.

The U. S. Equal Employment Opportunity Commission (”EEOC”) is a federal agency which enforces federal laws prohibiting employment discrimination, including sexual harassment and retaliation for complaining about sexual harassment.  In an August 26, 2009 Press Release, the EEOC announced its filing of a federal lawsuit in which EEOC attorneys charge that a manufacturing company subjected a class of women to egregious sexual harassment and fired an employee who opposed the harassment.  According to the Press Release at http://www.eeoc.gov/press/8-26-09.html , female workers were subjected to severe and pervasive harassment by a company supervisor, and, on several occassions, the supervisor sexually assaulted female workers by allegedly rubbing his crotch against them or by touching or slapping them on their buttocks.  In addition, EEOC attorneys claim in the lawsuit that not only did the company fail to take prompt measures to stop the sexual harassment, it engaged in unlawful retaliation by firing an employee who complained.  Futher, other female employees allegedly quit due to the hostile work environment.  An EEOC attorney quoted in the Press Release said “The company made a bad situation worse and increased its liability by retaliating against employees and witnesses.”  More information about the EEOC is available in the agency’s website at www.eeoc.gov .

In an August 26, 2009 Press Release, the U. S. Equal Employment Opportunity Commission (”EEOC”) announced the filing of a federal lawsuit in which EEOC attorneys charge that an engineering and construction company violated federal law when the company sexually harassed female employees.  See, http://www.eeoc.gov/press/8-26-09a.html .  According to the EEOC Press Release, the sexual harassment lawsuit claims that company managers told female employees stories of their sexual exploits, made derogatory remarks about women, and told one woman to “get naked.”  The EEOC says that female employees were offended and intimidated by the harassment, which resulted in an alleged physical assault.  Such alleged conduct violates Title VII of the Civil Rights Act of 1964.  An EEOC attorney quoted in the Press Release said, “No woman should have to endure such offensive working conditions.”  For further information about the EEOC see www.eeoc.gov .

United Cerebral Palsy  (”UCP”) is a leading source of information on cerebral palsy or CP.  United Cerebral Palsy’s mission is to advance the independence, productivity and full citizenship of people with disabilities.  According to the UCP website at http://www.ucp.org , cerebral palsy is a term used to describe a group of chronic conditions affecting body movement and muscle coordination.  It is caused by damage to one or more specific areas of the brain, usually occurring during fetal development; before, during, or shortly after birth; or during infancy.  Thus, these disorders are not caused by problems in the muscles or nerves.  Instead, faulty development or damage to motor areas in the brain disrupt the brain’s ability to adequately control movement and posture.  Although CP is not “curable” in the accepted sense, training and therapy can help improve function.

For its own part, the U. S. Equal Employment Opportunity Commission (”EEOC”) is a federal agency which enforces federal laws prohibiting employment discrimination, including disability discrimination in the workplace.  In an August 24, 2009 Press Release, the EEOC announced that it has filed a federal discrimination lawsuit against a national retailer, charging that the company unlawfully denied a reasonable accommodation to an employee with cerebral palsy and limited intellectual functioning.  As stated in the EEOC Press Release, the disabled worker could not effectively communicate with others without the assistance of a job coach, and EEOC attorneys claim that the company compelled the employee to attend in-person meetings involving work issues alone without the assistance of a job coach or parent, even though repeated requests had allegedly been made by the job coaches and parents to be in attendance at the meetings. See, http://www.eeoc.gov/press/8-24-09.html .  The Press Release also said that the company hired this employee with full knoweldge of his disabilities and need for a reasonable accommodation.  Such alleged conduct violates Title I of the Americans With Disabilities Act of 1990 and Title I of the Civil Rights Act of 1991.  An EEOC attorney quoted in the Press Release said that the case was particularly disturbing because the company “already knew this employee was disabled and needed assistance with communicating during in-person meetings [and] … the employee in this case was qualified and motivated to work …” 

Further information about the EEOC is available at www.eeoc.gov .

The Cystic Fibrosis Foundation at http://www.cff.org/AboutCF/ states that cystic fibrosis is an inherited chronic disease which affects the lungs and digestive system of about 30,000 children and adults in the United States.  The Foundation further states that a defective gene and its protein product cause the body to produce unusually thick, sticky mucus which clogs the lungs and obstructs the pancreas, leading to life threatening lung infections and stopping natural enzymes from helping the body break down and absorb food.  About 1,000 new cases of cystic fibrosis are diagnosed each year. 

The Equal Employment Opportunity Commission (”EEOC”) is a federal agency which enforces federal laws prohibiting employment discrimination, including workplace related disability discrimination.  In an August 17, 2009 EEOC Press Release, agency attorneys announced that a California based go-kart racing operation will provide $50,000.00 and other relief to settle a federal lawsuit charging that the company refused to accommodate an employee with cystic fibrosis and fired him.  According to the Press Release, a company representative brushed off the employee’s need for an accommodation in order to do his job, stating he didn’t care and didn’t want to hear about his “lung thing.”  The company eventually fired the employee.  See, http://www.eeoc.gov/press/8-17-09.html .  Disability discrimination violates the Americans With Disabilities Act, which requires employers to make reasonable accommodations for employees’ disabilities as long as this does not pose an undue hardship on the business.

Further information about the EEOC is available at www.eeoc.gov .