• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

North Carolina Personal Injury & Workers Compensation Attorneys

  • facebook
  • twitter
  • instagram
  • linkedin

Call Us 919-240-4054

Main navigation

  • Workers’ Comp
    • Durham, NC
      • Brain Injury Lawyer
      • Burns and Explosions Lawyer
      • Chemical Exposure Lawyer
      • Construction Accident Lawyer
      • Durham Back Injury Lawyer
      • Healthcare Workers and COVID-19 Lawyer
      • Occupational Disease Lawyer
      • Union Member Lawyer
      • Workplace Violence Lawyer
    • Charlotte, NC
  • Bicycle Crashes
    • Charlotte, NC
  • Personal Injury
    • Durham, NC
      • Burn Injury Lawyer
      • College Campus Injury Lawyer
      • Car Accident Lawyer
      • Catastrophic Injury Lawyer
      • Motorcycle Accident Lawyer
      • Premises Liability Lawyer
      • Product Liability Lawyer
      • Truck Accident Lawyer
    • Charlotte, NC
      • Brain Injury Lawyer
      • Burn Injury Lawyer
      • Car Accident Lawyer
      • Catastrophic Injury Lawyer
      • Premises Liability Lawyer
      • Motorcycle Accident Lawyer
      • Product Liability Lawyer
      • Truck Accident Lawyer
  • Wrongful Death
    • Durham, NC
    • Charlotte, NC
  • Our Lawyers
    • Ann Groninger
    • Valerie Johnson
    • Drew Culler
    • Jennifer Segnere
    • Request a Speaking Engagement
  • Resources
    • Law Blog
    • Our Community
  • Contact Us
  • Español

October 11, 2016 By nicole

Local Railroad Company to Pay for Disability Discrimination

railroad workers
railroad workers

Attorney Meghan Deutsch-Blanco reached a settlement on behalf of a wrongfully terminated North Carolina railroad worker this month. The railroad agreed to pay for violating the Americans with Disabilities Act or “ADA.” The ADA is the law that prohibits discrimination against individuals with disabilities in many areas of public life.

In the workplace, the ADA requires employers with 15 or more employees to give a disabled worker a “reasonable accommodation” so that she can continue to work with her disability. This means that if an employee can continue to complete the important tasks of the job, an employer should work with that employee to accommodate the disability instead of terminating her. This is dependent on the type of accommodations needed, and that they are not too expensive or difficult for the employer.  

Here are the details of the case: Our client was working on the job site laying track for the railroad when he experienced chest pain. He reported the pain and was sent for a medical evaluation. He was seen by the railroad’s doctor and a prestigious cardiologist at a private hospital. Both doctors agreed that he had experienced some type of acid reflux and was okay to continue to work. However, the railroad refused to let our client return to work in any capacity and terminated him because they decided he had a heart condition. The termination was shocking and upsetting to our client who had been cleared by his doctor to work and had always been a model employee.  

The illegal termination caused a serious of negative impacts to our client including:

  • Lost wages and benefits from the time out of work
  • Loss of potential future wages since our client is now at a lower paying job
  • Financial hardship including possible home foreclosure  
  • Depression over job loss which also impacted personal relationships and activities   

The EEOC found that this was a clear violation of the Americans with Disabilities Act. In addition to the illegal termination, the railroad had broken other important federal employment laws. The railroad had co-mingled the employee’s personnel and health records and failed to post required notices to employees describing federal laws that prohibit employment discrimination.

The EEOC gave our client and the railroad the opportunity to resolve the case before a lawsuit was filed. Attorney Meghan Deutsch-Blanco advocated for full compensation of our client’s losses resulting in a settlement of $42,500.

The EEOC has announced that they are committed to pursuing cases where disabled workers have been mistreated or terminated because of their disabilities. We expect to see more cases where the EEOC takes disability discrimination seriously, leading to justice for disabled workers and those who are perceived to have disabilities.

If you need an employment discrimination attorney or an employment rights attorney in North Carolina, call us today at 1-919-240-4054.  We are here to help.

Related posts:

  1. EEOC proposes new regulations for ADA Amendments Act
  2. Latest Court of Appeals opinion on workers’ compensation
  3. CJG is sponsor of Disability Rights awards event
  4. Today’s workers’ compensation opinion by the NC Court of Appeals

Filed Under: In the News, Workers' Compensation Tagged With: Disability, Disability Discrimination, Discrimination

Primary Sidebar

Primary Sidebar

Contact us

Occupation

  • Bus Drivers
  • Construction Workers
  • First Responders
  • Police Officers
  • Truck Drivers
  • State Employees Workers’ Compensation Lawyers in Charlotte
  • Experienced Union Members Attorneys in North Carolina

Injury

  • Asbestos Exposure
  • Durham Back Injury Lawyers
  • Burns and explosions
  • Chemical Exposure
  • COVID-19 and Healthcare Workers
  • Occupational Diseases
  • Workplace Violence

Free Legal Resources

  • Workers’ Compensation 101
  • 8 Questions to Answer Before You Are Ever in a Wreck
  • Essentials for Workers’ Comp Success
  • Help for Families of North Carolina Burn Victims

Locations

Durham Office

300 Blackwell St. #101,
Durham, NC 27701

Phone: (919) 240-4054

Fax: (888) 412-0421

Charlotte Office

1018 East Blvd. #6
Charlotte, NC 28203

Phone: (704) 200-2009

Fax : (888) 412-0421

Practice Areas

Workers Compensation | Bicycle Crashes | Personal Injury

OTHER PRACTICE AREAS

Crisis Management | Employment Law | Mass Torts | Camp Lejeune Water Contamination | Vaccine Injury | Resort & Recreational Activity Injuries | Workers Comp Wage & Hours Disputes | College Campus Injuries | Drunk Driving Injury victim | Industrial Accidents | Inadequate Security Claims | Workplace Injuries | Covid 19 – Business Interruption | Workplace Injury 3rd Party Claims

Copyright Johnson & Groninger PLLC