EEOC Sues O’Reilly Auto Parts for Disability Bias #advace #auto


#reilly auto parts
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EEOC Sues O’Reilly Auto Parts for Disability Bias

Company Refused to Accommodate Employee With Seizure Disorder, Then Fired Him, Federal Agency Charges

MADISON, Wis. – O’Reilly Automotive Stores, Inc. a national retailer doing business as O’Reilly Auto Parts, violated federal law by denying the manager of its Beloit, Wis. store an accom modation for his disability and then firing him, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed yesterday.

According to John Rowe, director of EEOC’s Chicago District, which includes Wisconsin, the agency’s investigation revealed that in February 2011, Heath Craft was diagnosed with seizure disorder. On March 9, Craft notified O’Reilly of his impairment and requested a one-month leave of absence for treatment. O’Reilly did not engage him in a good-faith interactive process about his leave request and instead fired him on March 31, 2011.

Denying an employee a reasonable accommodation and then firing him because of his disability violates the Americans with Disabilities Act (ADA). The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. The agency seeks lost wages and compensatory and punitive damages for Craft, an order barring future discrimination, and other relief. The suit, captioned EEOC v. O’Reilly Automotive Stores, Inc. d/b/a O’Reilly Auto Parts (Civil Action No. 3:12-cv-710), was filed Sept. 27 in U.S. District Court for the Western District of Wisconsin in Madison and assigned to U.S. District Judge Barbara Crabb.

“O’Reilly’s website states: ‘O’Reilly believes in. treating our customers and fellow team members in the same way that we would like to be treated,'” Rowe said. “Unfortunately, it appears that the company is not complying with its own principles. All Mr. Craft wanted was a short leave of absence so he could keep on performing successfully. There was no good reason why O’Reilly denied him that accommodation and then fired him.”

EEOC Chicago Regional Attorney John C. Hendrickson added, “In our view, this is one of those cases in which a reasonable accommodation would have made all the difference. An employer would have kept a loyal and hard-working employee. The employee would have kept a needed job. That didn’t happen, apparently because of a violation of federal disability law. Our objective here will be to set things right.”

According to O’Reilly’s website, O’Reilly Automotive, Inc. is one of the largest specialty retailers of automotive aftermarket parts, tools, supplies, equipment and accessories in the United States, serving both the do-it-yourself and professional service provider markets. Founded in 1957, O’Reilly operated 3,859 stores in 39 states as of June 30, 2012.

The EEOC’s Chicago District Office is responsible for processing charges of discrimination, administrative enforcement and the conduct of agency litigation in Illinois, Iowa, Minnesota, North Dakota, South Dakota, and Wisconsin, with Area Offices in Milwaukee and Minneapolis. The case will be litigated by attorneys in the Milwaukee Area Office.

The EEOC enforces federal laws prohibiting discrimination in employment. Further information about the Commission is available on its website at t www.eeoc.gov.


Tracy Morgan sues Walmart over deadly crash #showbiz, #tracy #morgan #sues #walmart #over #deadly #crash, #cnn.com


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Tracy Morgan sues Walmart over deadly crash; comic released from rehab center

Story highlights

  • Morgan released from rehab center, to continue recovery at home, his rep says
  • “We’re committed to doing the right thing for all involved,” says Walmart statement
  • Crash injured Morgan and killed his friend
  • Lawsuit is by Morgan and three others, and was filed in U.S. District Court in New Jersey

Comedian Tracy Morgan is suing Walmart over a deadly limo bus crash on the New Jersey Turnpike that left him critically injured.

The complaint was filed Thursday in the U.S. District Court in New Jersey.

Morgan, 45, suffered broken ribs, a broken nose and a broken leg in the crash in the early morning hours of June 7. His friend and fellow comedian James McNair was killed and others were injured.

Morgan has been released from a rehabilitation center and will “continue his recovery at home with an aggressive outpatient program,” his representative, Lewis Kay, said Saturday.

“He asked me to pass along his sincerest gratitude to everyone who has helped him get to this point,” Kay said. “He would also appreciate some privacy during this crucial point in his recovery.”

The Walmart truck that rear-ended Morgan’s limo was traveling 20 mph over the speed limit and its driver was almost at his drive time limit, according to a preliminary report by the National Transportation Safety Board.

Photos: Tracy Morgan s comedy career

Morgan has stirred up controversy with some of his comments in his comedy acts. “I hurt people with this, so from the bottom of my heart I apologize to everybody who I offended with my words on stage,” he said in 2011 after an anti-gay rant in one of his shows. Standup comedy should “heal people, not hurt.”

Photos: Tracy Morgan s comedy career

Tracy Morgan promotes his book “I Am The New Black” at Barnes Noble Union Square on October 22, 2009, in New York.

According to the complaint filed by lawyers acting for Morgan and three others, the truck driven by Walmart employee Kevin Roper collided with the rear end of Morgan’s vehicle.

“The defendants’ negligence was a substantial contributing factor in causing plaintiffs’ injuries,” the complaint states.

In a statement, Walmart said the crash had been a “terrible tragedy” and that it wished full recoveries to Morgan and two others injured with him, comedian Ardley Fuqua and Morgan’s personal assistant Jeffrey Millea. The fourth plaintiff in the lawsuit is Millea’s wife, Krista.

“Our thoughts continue to go out to them, their families and friends, as well as to the families and friends of everyone involved, including Mr. McNair who lost his life,” the Walmart statement said.

“We are deeply sorry that one of our trucks was involved. As we’ve said, we’re cooperating fully in the ongoing investigation. We know it will take some time to resolve all of the remaining issues as a result of the accident, but we’re committed to doing the right thing for all involved.”

Roper, from Jonesboro, Georgia, pleaded not guilty last month to criminal charges that include vehicular homicide and assault by auto.

Kay said that Morgan didn’t have any comment on the lawsuit. He referred all other questions to Morgan’s lawyer, Benedict Morelli.

Morgan was a regular on “Saturday Night Live” for seven years and later received an Emmy nomination for his role in the comedy series “30 Rock.”

The New York City native made his reputation with over-the-top characters and impressions of celebrities such as Mike Tyson and Oprah Winfrey.


EEOC Sues O’Reilly Auto Parts for Disability Bias #capital #auto #auction


#reilly auto parts
#

EEOC Sues O’Reilly Auto Parts for Disability Bias

Company Refused to Accommodate Employee With Seizure Disorder, Then Fired Him, Federal Agency Charges

MADISON, Wis. – O’Reilly Automotive Stores, Inc. a national retailer doing business as O’Reilly Auto Parts, violated federal law by denying the manager of its Beloit, Wis. store an accom modation for his disability and then firing him, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed yesterday.

According to John Rowe, director of EEOC’s Chicago District, which includes Wisconsin, the agency’s investigation revealed that in February 2011, Heath Craft was diagnosed with seizure disorder. On March 9, Craft notified O’Reilly of his impairment and requested a one-month leave of absence for treatment. O’Reilly did not engage him in a good-faith interactive process about his leave request and instead fired him on March 31, 2011.

Denying an employee a reasonable accommodation and then firing him because of his disability violates the Americans with Disabilities Act (ADA). The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. The agency seeks lost wages and compensatory and punitive damages for Craft, an order barring future discrimination, and other relief. The suit, captioned EEOC v. O’Reilly Automotive Stores, Inc. d/b/a O’Reilly Auto Parts (Civil Action No. 3:12-cv-710), was filed Sept. 27 in U.S. District Court for the Western District of Wisconsin in Madison and assigned to U.S. District Judge Barbara Crabb.

“O’Reilly’s website states: ‘O’Reilly believes in. treating our customers and fellow team members in the same way that we would like to be treated,'” Rowe said. “Unfortunately, it appears that the company is not complying with its own principles. All Mr. Craft wanted was a short leave of absence so he could keep on performing successfully. There was no good reason why O’Reilly denied him that accommodation and then fired him.”

EEOC Chicago Regional Attorney John C. Hendrickson added, “In our view, this is one of those cases in which a reasonable accommodation would have made all the difference. An employer would have kept a loyal and hard-working employee. The employee would have kept a needed job. That didn’t happen, apparently because of a violation of federal disability law. Our objective here will be to set things right.”

According to O’Reilly’s website, O’Reilly Automotive, Inc. is one of the largest specialty retailers of automotive aftermarket parts, tools, supplies, equipment and accessories in the United States, serving both the do-it-yourself and professional service provider markets. Founded in 1957, O’Reilly operated 3,859 stores in 39 states as of June 30, 2012.

The EEOC’s Chicago District Office is responsible for processing charges of discrimination, administrative enforcement and the conduct of agency litigation in Illinois, Iowa, Minnesota, North Dakota, South Dakota, and Wisconsin, with Area Offices in Milwaukee and Minneapolis. The case will be litigated by attorneys in the Milwaukee Area Office.

The EEOC enforces federal laws prohibiting discrimination in employment. Further information about the Commission is available on its website at t www.eeoc.gov.