The Equal Employment Opportunity Commission will try to revive its lawsuit accusing a Texas pharmacy of disciplining, humiliating, and threatening an asthmatic worker for seeking to wear a mask at the start of the Covid-19 pandemic.
The EEOC is set to appear at oral argument Wednesday at the US Court of Appeals for the Fifth Circuit to challenge a lower court’s ruling that the former US Drug Mart Inc. worker experienced an isolated incident of verbal harassment that didn’t amount to a hostile work environment under the Americans with Disabilities Act.
The case gives the appeals court an opportunity to clarify what sort of employer conduct gives rise to a legitimate claim of a hostile work environment.
Almost all circuit courts have said hostile work environment claims are available for disability-related bias and follow the same legal standard as those brought under Title VII of the 1964 Civil Rights Act, said Nicole Buonocore Porter, a disability law scholar who directs the Martin H. Malin Institute for Law & the Workplace at Chicago-Kent College of Law.
The federal judge who threw out the EEOC’s lawsuit against US Drug Mart cited both ADA and Title VII cases.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.