United Airlines’ recent approach to disabled workers’ rights does not fly . . .
While all people encounter challenges in their lives, those who are disabled face difficulties others cannot imagine. Fortunately, individuals with disabilities now have specific legal protections in the workplace. When a disabled person believes s/he is being discriminated against in the workplace, legal action may follow. A successful claim against United Airlines illustrates the point well.
The case
The basis of the case is that the airline did not adequately provide disabled workers with reasonable accommodations as required by the Americans with Disabilities Act. The airline was accused of making disabled employees compete for vacant positions for which they already qualified. According to the lawsuit, this approach resulted in disabled workers not being able to find another job with the company.
The settlement
As a part of the settlement, the class represented in the case will receive $1 million. The company will also make revisions to its ADA reassignment policy. In addition, the airline will provide:
•· Reports regarding the employees who were not given a position under the reassignment process to the Equal Employment Opportunity Commission
•· Training regarding policy changes to employees with supervisory or human resource responsibilities
Conclusion
Employment law cases may be approached in multiple ways, including-as in this case-via litigation and settlement. Regardless of how an employment law case is resolved, because these cases are complex, law-driven and fact sensitive, it is vital that you consult with an experienced employment lawyer who represents workers. We investigate the facts, research the law, and give our clients a legal opinion as to the likelihood of success on the merits, whether in court or in settlement negotiations.
Please write or call us to set up an initial consultation at a reduced fee. You will be glad you did.