Employment Law Updates | New Settlements and Verdicts

April 13, 2009

United Airlines Signs Consent Decree Awarding $850th in Disability Discrimination Suit

EEOC v. United Airlines, Inc.
No. CV 09 0784 EMC, U.S. District Court for the District of Northern California, 3/17/2009

Holding:

United Airlines, Inc. (“UAI”) has agreed to settle a federal lawsuit instituted by the Equal Employment Opprtunity Commission (“EEOC”) alleging that the Chicago-based company’s overtime policy violated the Americans With Disabilities Act (“ADA”). According to the EEOC’s suit and settlement filed in U.S. District Court for the District of Northern California, UAI will pay $850,000 to a class of employees with disabilities and has agreed not to enforce such a policy in the future. The settlement also required UAI to notify all current and former employees at the San Francisco International Airport who were subject to the rescinded policy and invite them to submit claims to share in the $850,000.

Detailed Summary:

The suit arose from a charge filed by Samuel Chetcuti, a storekeeper working for UAI at the San Francisco International Airport. The EEOC’s suit asserted that UAI ’s policy of denying the opportunity to work overtime to anyone placed on light or limited duty had greater repercussions for employees with disabilities, since these workers were more likely to be assigned to light duty.

For example, EEOC asserted in its complaint that charging party Samuel Chetcuti, who has epilepsy, was under medical restrictions that prevented him from operating heavy machinery and working at heights, but did not restrict the number of hours…

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Companies Mentioned

Equal Employment Opportunity Commission

United Airlines, Inc.

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Companies Mentioned

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Arch Wireless Operating Company, Inc.

B & D Contracting

Metropolitan Government of Nashville and Davidson County, Tennessee

Watkins Motor Lines, Inc.

Agere Systems, Inc. f.k.a. Lucent Technologies, Inc.

Tulsa Winch, Inc.

Ramsey Winch, Inc.

Norris

DP Manufacturing, Inc.

Auto Crane Company

International Brotherhood of Teamsters

Manhattan Apartments Inc.

International Brotherhood of Teamsters, Freight Construction, General Drivers, Warehousemen & Helpers, Local 287 (AFL-CIO)

J. Kaz, Inc.d.b.a. Craftmatic of Pittsburgh

State Lottery Commission of Indiana d.b.a. The Hoosier Lottery

Association of Professional Flight Attendants

Kellogg Brown & Root technical Services, Inc.

AMR Corp.

Service Employees International, Inc.

American Airlines, Inc. a.k.a. American Eagle

Zurich American Insurance Co.

Highgate LTC Management, LLC

Autozone, Inc.

Southwestern Bell Video Services, Inc.

Temco Service Industries, Inc.

SBC Telecom, Inc.

14 Penn Plaza LLC

SBC Services, Inc.

City of Philadelphia

Pacific Telesis Group

Northeastern Land Services, Ltd. d.b.a. NLS Group

Pacific Bell Telephone Co.

LA Weight Loss, Inc. n.k.a. Pure Weight Loss, Inc.

Pacific Bell Information Services

Gold’n Plump Poultry, Inc.

Advanced Solutions, Inc.

The Work Connection

Cardone Industries, Inc.

Pitt-Ohio Express, Inc.

Hosanna-Tabor Evangelical Lutheran Church and School

BVP, LLC d.b.a. Big Vanilla Pasadena

Lehigh Valley Physicians Business Services, Inc.

N.F.A.C., Inc. d.b.a. Big Vanilla Athletic Club

Lehigh Valley Health Services, Inc.

J.C. Penney Corp.

Huron Valley Ambulance, Inc.

American Insurance Co.