Category: Disability Discrimination

Employees Sue the Most in…

This month, a Hiscox survey revealed the states that employees tend to sue employers the most. The reason for these states higher than normal rates is attributed to state-wide labor codes that supersede federal laws in terms of harsher penalties and repercussions.  So who, what, and where?

Coming in at #5 is the state of Georgia. Georgia’s sue rates are 18% higher than other parts of the country. Tied at #4 are Arizona and Mississippi. Both states see, on average, 19% more lawsuits by employees than the national average.

Alabama rings in at #3 with a 25% above average chance that an employee will sue the employer for violations of labor law. Illinois edges out Alabama for the #2 spot with 26% higher average.

And the state that beats them all? Well, California of course! California is #1 with businesses facing a 43% higher chanced of being sued than the national average. California has employee stricter employee protections put in place as compared to other states in the country. The Fair Employment and Housing Act protects from various discrimination risks and covers companies with five or more employees as opposed to the nation’s 15 employee minimum.

The fives lowest suing states are: Massachusetts, Michigan, Kentucky, Washington, and West Virginia.

The EEOC Thaws the Freeze

eeocThe U.S. Equal Employment Opportunity Commission (“EEOC”) announced yesterday a victory for plaintiff William Harvel. The federal agency and Harvel alleged that Chicago based Professional Freezing Services, LLC violated the Americans with Disability Act when the company refused to hire Harvel because they knew he had prostate cancer.

The refrigerator and frozen food logistical company was mandated to pay Harvel $80,000 to provide relief in order to settle the suit. Allegedly, owner Edwarad Grywacz commented after speaking with Harvel that he would not hire Harvel because of his prostate cancer and that Harvel, “in a best-case scenario, would end up wearing diapers.”

In addition to the $80,000, the company must also provide ADA rights training to its owner and employees so that it discourages discriminatory behavior in the future. Also, the company will be monitored by the EEOC and must post a notice of outcome about the lawsuit for employees to view for two years.