The federal Equal Employment Opportunity Commission (EEOC) recently sued Toys “R” Us, Inc. for allegedly failing to provide an interpreter to a deaf applicant during an interview.

California employers can expect some positive changes in 2013. The latest CalChamber News segment highlights SB 1186, a bill designed to protect business owners from predatory or frivolous lawsuits under the Americans with Disability Act (ADA). 

The law is the bipartisan product authored by Democrat Senate President Pro Tem Darrell Steinberg and recently termed-out Republican Senator Bob Dutton. 

California has 40 percent of the nation’s ADA lawsuits but only 12 percent of the country’s disabled population. SB 1186 will provide much needed relief. 

Visit CalChamber News for full video coverage. 

The federal Equal Employment Opportunity Commission (EEOC) recently reported that it reached a settlement with a military vehicle manufacturing company that allegedly fired an employee because he was morbidly obese.

According to the EEOC, the disability discrimination provisions of the Americans with Disabilities Act (ADA) protect morbidly obese employees and applicants. “So long as an employee can perform the essential job duties of a position, with or without reasonable accommodation, the employee should be allowed to work on the same basis as any non-obese employees. Employers cannot fire disabled employees based on perceptions and prejudice.” 

The employee weighed nearly 700 pounds at the time he was fired. The EEOC alleged that the employee was qualified to perform the essential job functions of his material handler position. The EEOC also alleged that the company did not engage in any discussions to determine if reasonable accommodations were available.

The EEOC asserted that the employee’s morbid obesity substantially limited him in one or more major life activities and rendered him “disabled” under the ADA Amendments Act of 2008 (ADAAA). The EEOC further asserted that the company “regarded” the employee’s morbid obesity as a disability, even if a court should hold that obesity was not a disability within the meaning of the ADA.

The company will pay the employee $55,000 and provide him with six months of outplacement services.  The settlement also requires the company to provide training to managers on equal employment opportunity compliance, disability discrimination law and responsibilities regarding reasonable accommodation.