National Insurer Sued under ADA For Failure to Hire Methadone User

The U.S. Equal Employment Opportunity Commission (EEOC) has sued a national insurer claiming the firm violated federal law by refusing to hire a North Carolina man after he disclosed he was participating in a methadone treatment program for drug addiction.
 

The suit was
filed in U.S. District Court in Raleigh against United Insurance Co. of America, according to EEOC attorney Lynette Barnes. (WCxKit)
 
 
The complaint argues the firm violated federal disability discrimination law by refusing to hire Craig Burns, 30, who applied for a job in the firm’s Raleigh office in December of 2009. The firm made a conditional offer of employment to Burns the following month, depending upon his passing a drug test.
 
 
The test showed the presence of methadone in his system, so Burns submitted a letter to the firm from his treatment provider saying he was participating in a supervised methadone treatment program and taking legally prescribed medication as part of the treatment, the complaint said. Upon receiving this information, United Insurance notified Barnes he was not eligible to be hired and withdrew the employment offer.
 
 
According to Barnes, the action violates the Americans with Disabilities Act, which protects employees and applicants from discrimination based on their disabilities. A recovering drug addict is covered under the act. (WCxKit)
 
 
The suit seeks back pay, compensation for financial loss, along with punitive damages.
 
 
Author Robert Elliott, executive vice president, Amaxx Risk 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. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.


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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.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.

Injuries Not Compensable When Police Officer Working As Funeral Home Escort

According to the mayor of Montgomery, Alabama, the city simply is not able to provide workers compensation benefits to the family of injured police Cpl. David Brown.
It's been almost two months since Brown was in a pair of serious accidents, and now, his family is suing the city for workers comp for his injuries suffered while at work, according to several Alabama media outlets. (WCxKit)
Brown was critically injured when his motorcycle was struck by a car while he was escorting a funeral procession Sept. 11. Afterward, the ambulance carrying him turned over en route to the hospital.
The family lawsuit claims that Brown's duties that day were done with permission, knowledge and approval of the department and were undertaken for the benefit of the department and citizens of Montgomery.
Mayor Todd Strange said that Brown was not working for the Police Department that day and had a private contract with the funeral home in which the city obtained no compensation.
According to Alabama state law, Brown wasn't technically at work.
Brown was wearing a police uniform, and directing traffic on a police motorcycle in the city's jurisdiction during a funeral at the time of the accident, but Strange says that doesn't qualify the family's request.
There is a state statue that recognizes that state law enforcement is a unique situation in an off-duty fashion that their uniforms and equipment be in fact used, in an off duty-fashion,” said Strange.
Because of the accident, Brown has suffered permanent disability and presently receives those benefits from the city.
"He will continue to get compensation for life; he gets all the medical for life, so there is a lot of support there,” stated Strange.
But the amount received through disability is notably less than the amount that would reportedly be received through workers comp.
As a result of the accident, Brown has dealt with multiple amputations, broken bones, infections, and bleeding on the brain. (WCxKit)
Brown remains in a coma and is on a ventilator and dialysis.

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.

 
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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@ReduceYourWorkersComp.com.

It Is An Equal Opportunity World – Women Harass Men At Work

If someone said a person was being sexually harassed at work most people would assume it was a man harassing a woman. And, while it may be true for a majority of alleged sexual harassment cases, sometimes women harass men.

A non-profit corporation
, Management of a Mobile County, Ala., unlawfully retaliated against a male employee because he complained about being sexually harassed by a female supervisor, according to a lawsuit filed by the EEOC, filed after first attempting to reach a voluntary settlement. (WCxKit)

According to the EEOC’s
lawsuit (Case No. CV-10-403) in the U.S. District Court for the Southern District of Alabama, Mobile Community Action Inc., fired the man when he resisted sexually harassing behavior by a female supervisor. The male worker was fired after he reported the sexual harassment and requested a transfer in a letter to Executive Director of the corporation.

The EEOC seeks
back pay, compensatory and punitive damages as well as other relief, including a permanent injunction to prevent Mobile Community Action from retaliating against any employee for reporting harassment or discrimination.

“Unfortunately
, we see allegations of retaliation far too often,” said EEOC Birmingham District Director Delner Franklin-Thomas. “We will continue our efforts to let employers know that retaliation for complaining about discrimination violates the law.” (WCxKit)

“The Commission
supports employees being able to complain about conduct believed to be discriminatory without fear of reprisal. Retaliation is illegal,” C. Emanuel Smith, Regional Attorney for the EEOC’s Birmingham District Office, said.
  \ 
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.
  
 
Work Comp Calculator:  http://www.LowerWC.com/calculator.php
Light Duty Calculator:  http://www.LowerWC.com/transitional-duty-cost-calculator.php 

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@ReduceYourWorkersComp.com 

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