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One of this country’s most successful moving companies, Two Men and a Truck, are facing serious penalties for violating Title III of the Americans with Disabilities Act when movers refused to help a customer move out of her apartment upon finding out she had Hepatitis-C.
Although the woman explained that casual contact and the mere moving of furniture would not spread the virus to the movers, the two movers refused to move the woman fearing potential contraction.
The Justice Department announced on Jan. 28, 2016 that it had reached an agreement with Kemper Moving Systems, Inc., a Huntsville, Alabama franchise of Two Men and a Truck, to resolve the ADA non-compliance allegations.
Not only was the customer unable to move out on time, but she also had to locate last-minute replacement movers, incurred various other expenses and owed rent for two apartments at the same time.
Under the two-year agreement, Two Men and a Truck is required to adopt a series of nondiscrimination training and policy reforms. In addition, Two Men and a Truck must also hire or designate an ADA Compliance Official who will review all disability-related decisions. Under the consent decree that was entered, Two Men and a Truck must pay $10,000 in compensatory damages to the customer as well as pay a civil penalty of $3,500 to the United States. Moreover, the Company must report to the Department on its continuing compliance with the terms of the consent decree.
This case is another step forward in the fight for the legal rights of Americans with disabilities.
Too often Americans are treated unfairly because of a disability and are often left with even more hardship – when the disability produces enough adversity on its own. Lack of information and disregard for persons with disabilities often leads to financial, mental and emotional damage.
On July 26, 1990, President George H.W. Bush signed the Americans with Disabilities Act into law. Perhaps the most comprehensive civil rights legislation ever, the ADA prohibits discrimination and guarantees that persons with disabilities have the same opportunities as everyone else to participate in mainstream American life, from employment to the purchase of goods and services to the participation in local government programs and services.
As we enter the ADA’s 26th year in action, it’s important to highlight some of the most monumental ADA triumphs.
In 1997, in U.S. Equal Opportunities Employment Commission (EOCC) v. Complete Auto Transit, individuals who were once denied health insurance coverage for the treatment of HIV-infection, AIDS-Related Complex (ARC) and AIDS were granted coverage in a consent decree that provided up to $1 million in monetary relief.
When Eduardo Amaro, a hearing-impaired Wal-Mart employee left a training session due to lack of an interpreter, which he repeatedly requested, and was then demoted to janitorial duties for “refusing to perform his job,” Eduardo was appalled. He wanted to work, but simply needed a sign language interpreter or closed-captioning as he asked. The jury awarded Amaro almost $4,000 in compensatory damages, $75,000 in punitive damages and provided for attorneys’ fees.
In 2009, the EEOC won a lawsuit against Sears, Roebuck & Co., who maintained an inflexible worker’s compensation leave exhaustion policy and terminated employees instead of providing them with reasonable accommodations for their disabilities – which violates ADA standards. The total award was $6.2 million and affected 235 individuals – the largest monetary recovery in a settlement of a single ADA lawsuit to EEOC history.
Americans with disabilities should not be treated any differently than anyone else.
They should be able to enjoy the same quality of life as persons without disabilities and they should not be denied access to services and places that individuals without disabilities are provided access to.
If you or a loved one has experienced ADA compliance issues, please contact our office today for a free consultation.
***Disclaimer – This is in no way to be considered legal advice. An attorney client relationship does not exist from your reading of this blog or your following any of the suggested courses of action above.
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