• Menu
  • Skip to main content
  • Skip to secondary navigation
  • Skip to primary sidebar
  • Skip to footer

Before Header

  • About
  • Contact
  • Privacy
 
Paradigm

Amaxx Workers Comp Blog

Reduce Workers Compensation Costs By 20-50%

Header Right

  • Home
    • Training Center
  • Search
    • Free Resources & Solutions
    • Subscribe to Free Newsletter
    • Create Free Training Center Account
    • Enroll in On-Demand Courses
    • Activate WC Mastery Membership
    • Request Strategic Coaching Session
    • Buy WC Guidebooks
  • Membership
    • Insider (free account)
    • WC Mastery
    • Teams & Managers Mastery
    • Training Partners
  • Products
    • On-Demand Courses
    • Specialty Courses
    • Certifications & Mastery Courses
    • Ultimate Guidebooks
    • Coaching
  • Blog
    • Video Blogs
    • COVID-19 / Coronavirus Pandemic
  • Login

Mobile Menu

  • Home
    • Training Center
  • Search
    • Free Resources & Solutions
    • Subscribe to Free Newsletter
    • Create Free Training Center Account
    • Enroll in On-Demand Courses
    • Activate WC Mastery Membership
    • Request Strategic Coaching Session
    • Buy WC Guidebooks
  • Membership
    • Insider (free account)
    • WC Mastery
    • Teams & Managers Mastery
    • Training Partners
  • Products
    • On-Demand Courses
    • Specialty Courses
    • Certifications & Mastery Courses
    • Ultimate Guidebooks
    • Coaching
  • Blog
    • Video Blogs
    • COVID-19 / Coronavirus Pandemic
  • Login
  • About
  • Contact
  • Privacy
You are here: Home / ADA (Americans with Disabilities Act) / Disability Discrimination Suit Filed Based on Lifting Restriction

Disability Discrimination Suit Filed Based on Lifting Restriction

October 3, 2010 By //  by Robert Elliott, J.D. Leave a Comment

Woodman's Food Markets Inc., a Janesville, Wisconsin-based grocery store operator, violated federal disability discrimination law by firing an employee due to her lifting restriction, EEOC charged in a lawsuit.
According to John Rowe, EEOC Chicago district director whose jurisdiction includes Wisconsin, the agency’s administrative investigation preceding the lawsuit revealed Woodman’s Food fired long-time employee Kimberly McMillan-Goodwin from her position as a clerk at a company gas station in Beloit. (WCxKit)
McMillan-Goodwin had a lifting restriction preventing her from lifting over 10 pounds. Even with the restriction, Rowe said, McMillan-Goodwin successfully performed her duties in her position for years. When McMillan-Goodwin returned to work after an unrelated leave of absence due to injuries from a car accident, Woodman’s claimed it had changed the position so she now could no longer perform her job with her long-standing restriction, and that it had no other positions available for the employee within her performance capacity. Woodman’s then placed McMillan-Goodwin on a one-year leave of absence, after which it terminated her employment.
Such alleged conduct violates the Americans with Disabilities Act (ADA), protecting employees and applicants from discrimination based on disabilities. The lawsuit, filed in U.S. District Court for the District of Western District of Wisconsin in Madison (Equal Employment Opportunity Commission v. Woodman’s Food Markets, Inc.; Civil Action No. 10-cv-562), was brought only after the agency first attempted to reach a voluntary settlement with the employer through the EEOC’s conciliation process.(WCxKit)
In this case, the EEOC is seeking injunctive relief barring discrimination, and will seek back pay and compensatory and punitive damages on McMillan-Goodwin’s behalf.
“It is unfortunate that some managers still act as if it’s acceptable to deny jobs to people who are ready and able to work, simply because of a disability — especially when the people they put on the street have a history of long, loyal successful performance,” said John Hendrickson, regional attorney for the EEOC’s Chicago District. “It really runs against most people’s sense of fundamental fairness and, beyond that, it violates federal law. That is why we are in this case and intend to pursue it as far as necessary.”
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact:  Info@ReduceYourWorkersComp.com or 860-553-6604.
 
JOIN WC GROUP:  http://www.linkedin.com/groups?homeNewMember=&gid=1922050/
SUBSCRIBE TO:    Workers Comp Resource Center Newsletter

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.

Filed Under: ADA (Americans with Disabilities Act), EEOC Discrimination Laws, Employment Law Issues, Medical Issues Tagged With: Woodman's Food Markets

Related Articles

Avoid ADA Trouble with Key Terms Demystified

Avoid ADA Trouble with Key Terms Demystified
Wheelchair walk - ADA

ADA – Is it against the law not to hire a person with a disability for a physical position?

ADA – Is it against the law not to hire a person with a disability for a physical position?
americans with disabilities act

ADA – Do All Work Comp Injuries Fall Under the Americans with Disabilities Act Amendments Act (ADAAA)?

ADA – Do All Work Comp Injuries Fall Under the Americans with Disabilities Act Amendments Act (ADAAA)?
Americans with Disabilities act

ADA – If light duty cannot be accommodated, should FMLA run concurrently?

ADA – If light duty cannot be accommodated, should FMLA run concurrently?

Marijuana: A Medical Perspective — White Paper

Marijuana: A Medical Perspective — White Paper

Navigating the ADA Minefield in Work Comp

Navigating the ADA Minefield in Work Comp

Navigating the Perils of Work Comp, ADA, & FMLA Laws

Navigating the Perils of Work Comp, ADA, & FMLA Laws
Americans with disabilities act 1

ADA – If No Light Duty Is Available, Can The Employer Terminate Employment?

ADA – If No Light Duty Is Available, Can The Employer Terminate Employment?
Americans with Disabilities Act 3

ADA – Ensure Interactive Process Compliance, And Other Questions Answered

ADA – Ensure Interactive Process Compliance, And Other Questions Answered
americans with disabilities act

ADA – Reasonable Accommodation And Workers Comp Questions Answered

ADA – Reasonable Accommodation And Workers Comp Questions Answered

Deny Work Comp Claims From Disallowed Unemployment

Deny Work Comp Claims From Disallowed Unemployment
Americans with disabilities act 1

ADA – Questions on Temporary and Permanent Restrictions

ADA – Questions on Temporary and Permanent Restrictions

Free Download

5-Step Sequence to Coordinate Return-to-Work with ADA Compliance - FREE Download Click Here Now!

Train to Succeed

BECOME CERTIFIED IN WORKERS’ COMPENSATION

Proven Course Catalog & WC Toolbox Give You The Power To Achieve Lower Costs and Better Injured Worker Outcomes

VISIT WORKERS' COMP TRAINING CENTER

Train to Succeed

BECOME CERTIFIED IN WORKERS’ COMPENSATION

Proven Course Catalog & WC Toolbox Give You The Power To Achieve Lower Costs and Better Injured Worker Outcomes

VISIT WORKERS' COMP TRAINING CENTER

Free Download

The 6-Step Process To Determine Workers' Comp Injury Causation - FREE Download Click Here Now!

Previous Post: « 9 Simple Cost Containment Strategies for a Guaranteed Cost Work Comp Program
Next Post: More Simple Tips on Running a Successful RTW Program »

Reader Interactions

Leave a Reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

FREE DOWNLOAD

5-Step Sequence to Coordinate Return-to-Work with ADA Compliance - FREE Download Click Here Now!

FREE DOWNLOAD

The 6-Step Process To Determine Workers' Comp Injury Causation - FREE Download Click Here Now!

Our Sponsors

Catastrophic and Risk Solutions, Case Management Solutions, and Specialty Networks
 

Medcor

Injury Triage, Onsite Clinics
 

ARCADIA - Enhancing Settlement Outcomes

The Structured Settlements Company
 

Post-Settlement Administration

Read Our Award-Winning Blog

Blog Categories

Search Our Archive

Subscribe to Our FREE Newsletter

Return-to-Work Essentials

Footer

Search Our Archive

Search our continually growing archive of over 2500 articles about Workers' Comp issues.

Quiclinks

  • Calculators
  • Terms & Abbreviations
  • Glossary of WC Premium Terms
  • WC Resources
  • Best Practices
  • Industries
  • Return-to-Work Essentials

RSS Recent Blog Posts

  • Experts Explain How to Prevent Losing Continuation of Care Post-Settlement
  • 4 Key Ways to Ensure Return to Work Programs Save Money
  • Five Things to Include in Your Workers’ Comp Communication Policy
SUBSCRIBE TO OUR FEE NEWSLETTER
Let Us Help You Stomp Down the High Cost of Workers' Comp!
Top of Page ↑
  • Home
  • Training Center
  • Search
  • Membership
  • Products
  • Blog
  • About
  • Contact
  • Subscribe
  • Login
Copyright © 2022 Amaxx, LLC. All Rights Reserved. · Privacy Policy / Legal Notice