ParfumGigi@aol.com
25 janvier, 2008 16:51
-----------------------------------------------------
Everyone pays up besides Guilty of harming & disabling innocent person's & children; Dow Chemical and Corning!!
GIGI
-----------------------------------------------------
4th Circuit Delivers FedEx a Loss in Disability Case
Brendan Smith
Legal Times
01-25-2008
The 4th U.S. Circuit Court of Appeals has affirmed a jury award of $100,000 in punitive damages against FedEx. for discriminating against a former package handler who is deaf. In a unanimous ruling Wednesday, the court affirmed both the punitive damages and $8,000 in compensatory damages for Ronald Lockhart, who is fluent in American Sign Language but cannot speak or read lips.
From 2000 to 2003, Lockhart worked part time as a package handler at FedEx's Baltimore-Washington International Airport facility while he was attending the University of Maryland. The Equal Employment Opportunity Commission, which filed the suit on Lockhart's behalf, found in July 2002 that FedEx had violated the Americans with Disabilities Act by repeatedly refusing to provide a sign-language interpreter and other accommodations for Lockhart during employee meetings and trainings, including briefings after Sept. 11 about security issues including potential anthrax exposure, the ruling states.
Six months after the EEOC decision, FedEx fired Lockhart, allegedly for poor attendance, with Lockhart filing another EEOC complaint claiming his discharge was retaliatory, the decision states.
The 4th Circuit rejected FedEx's arguments that the punitive damages were excessive and that FedEx managers had made good-faith efforts to comply with the ADA. The court found there was sufficient evidence for the jury to find that FedEx managers "had acted reprehensibly with respect to Lockhart's need for ADA accommodations," the decision states.
The opinion was written by Judge Robert King, who was joined by Judge Roger Gregory and Samuel Wilson, a U.S. District judge for the Western District of Virginia sitting by designation. FedEx was represented by in-house counsel Edward Efkeman, while Davis Kim of the EEOC represented the EEOC acting on Lockhart's behalf.
FedEx spokeswoman Sandra Munoz says FedEx has a long track record of complying with the ADA, and the company disagrees with the punitive damages ruling and is considering its options for further appeals.
