Robinsonville Casino Fired Injured Dealer Rather Than Permit Her to Sit While Working, Federal Agency Charged

 

OXFORD, Miss. - HWCC-Tunica, Inc., doing business as Hollywood Casino Tunica in Robinsonville, Miss., will pay $75,000 and provide other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

 

The EEOC's suit filed in U.S. District Court for the Northern District of Mississippi, Delta Division), had charged that Hollywood Casino Tunica denied one of its dealers a reasonable accommodations for her physical limitations. The woman had sustained injuries in an automobile accident, the EEOC said, and was perfectly capable of doing her job, but needed to sit while doing so. Instead of making that accommodation, the EEOC said, the casino fired her.

 

Failing to make reasonable accommodations for the physical limitations of a qualified individual with a disability or terminating her because of that disability violates the Americans With Disabilities Act (ADA). The EEOC filed suit after first attempting to reach a voluntary settlement.

 

Besides providing monetary relief, the three-year consent decree settling the suit, signed by U.S. District Judge Neal B. Biggers, Jr. enjoins Hollywood Casino Tunica from discriminating against any employee on the basis of a disability. The decree also requires that Hollywood Casino Tunica provide training on employment discrimination awareness to its management staff. Additionally, Hollywood Casino Tunica will maintain records of all complaints made of disability discrimination and submit reports to the Commission regarding these complaints.

 

“This case emphasizes the necessity of employers training their decision makers about the rights their employees have under the Americans With Disabilities Act,” said Faye Williams, regional attorney of the Memphis District Office of the EEOC. “When the employee requested an accommodation, this employer lacked knowledge of its obligation to engage in a flexible, interactive process with her to determine how such an accommodation could be provided to enable her to perform her job duties sitting down. The Commission believes that this settlement heralds a new level of understanding for Hollywood Casino Tunica with regard to the rights its employees with disabilities have under the ADA.”

 

HWCC-Tunica, Inc. is a facility of Penn National Gaming, Inc., a Pennsylvania corporation that operates gambling casinos, racetracks, and hotels in 11 states and Canada.

 

 

 

EEOC SUES DATA TRANSFORMATION CORP. FOR DISABILITY DISCRIMINATION

Agency Charges That IT Services Provider Fired Employee with Cancer and AIDS Rather Than Provide One More Week of Leave Without Pay

BALTIMORE - A Silver Spring, Md., federal contractor violated federal law when it fired a person with cancer and AIDS because of his illnesses, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it announced today.

In its suit, the EEOC said that in 2008 Data Transformation Corporation discriminated against Duane Wesley while he was medical leave for cancer and AIDS. According to the EEOC, after Wesley informed the defendant that he had a life-threatening illness, the company demanded that he call every morning of every work day that he was on medical leave to tell the company that he would not be capable of coming to work that day. When Wesley protested, the company told him that he would be fired if he did not comply. Wesley dutifully called the company each morning for several months. One week before Wesley was scheduled to return, the defendant fired him.

The Americans With Disabilities Act (ADA) makes it unlawful to fail to reasonably accommodate persons with a disability, and makes it unlawful to discriminate against a qualified individual because of a disability. The EEOC filed suit (Civil Action No. 8:09-cv-2559 RWT ) in U.S. District Court for the District of Maryland, Southern District, after first attempting to reach a voluntary settlement. The complaint seeks monetary and injunctive relief, including back wages, compensatory and punitive damages and changes in employment policies to provide equal employment opportunities for qualified individuals with disabilities.

“Besides violating common decency, this employer violated federal law by treating an employee with serious illnesses - but qualified disabilities which could and should have been accommodated - in such a cold and cruel fashion,” said EEOC Acting Regional Attorney Debra M. Lawrence.

According to its web site (www.dtcss.com) Data Transformation Corporation provides IT services to a range of federal and commercial clients, including IBM, NASA, and the Department of Agriculture.

In fiscal year 2008, disability-based charges rose to a record 19,543, up 10.2 percent from the prior year and the highest level since 1995.

 

SELF-STORAGE COMPANY SUED BY EEOC FOR SEXUAL HARASSMENT

Simply Self Storage Subjected Female Property Managers and Associate Managers to Egregious Harassment, Federal Agency Charges

INDIANAPOLIS - A central Indiana self-storage company violated federal law when it subjected its female property managers and associate managers to a sexually hostile work environment, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today.

According to the EEOC's suit (Equal Employment Opportunity Commission v. OBCompanies, Inc., et al., Civil Action No. 1:09-cv-1223- WTL-DML), filed in U.S. District Court for the Southern District of Indiana, Simply Self Storage subjected two female employees and other similarly situated female employees to unwelcome sexual groping, sexual assault, and sexual comments by a male property manager who trained managers and associate managers.

Sexual harassment violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit after first attempting to reach a voluntary settlement. The EEOC seeks compensatory damages and punitive damages for the female employees, as well as an injunction enjoining Simply Self Storage from engaging in sex discrimination and requiring it to take other measures to ensure a workplace free of discrimination for current and future employees.

“By showing indifference to complaints, this employer allowed a situation where a harasser was able to go from victim to victim with impunity,” said Laurie A. Young, regional attorney for EEOC's Indianapolis District Office.  “Having an anti-harassment policy is not enough; an employer must enforce it as well.”