Defendant's Attorney: Kevin Scott Joyner, Jefferson P. Whisenant

Description: Raleigh, North Carolina civil rights lawyers represented the Plaintiff who sued the Defendants on Americans with Disabilities Act violation theories.

Grifols is a leading global healthcare company that develops plasma-derived medicines and other innovative biopharmaceutical solutions that enable millions ...

"Title I of the Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in all aspects of employment, including hiring, firing, promotion, compensation, benefits, training, and apprenticeship. It applies to all employers with 15 or more employees, as well as employment agencies and labor unions.

Here are some of the key provisions of Title I of the ADA:

Employers cannot discriminate against qualified individuals with disabilities in job application procedures. This means that employers cannot refuse to hire someone because of their disability, unless they can show that the disability is a bona fide occupational qualification (BFOQ) that is reasonably related to the job.

Employers cannot discriminate against qualified individuals with disabilities in the hiring, firing, or promotion process. This means that employers cannot make decisions about hiring, firing, or promotion based on an individual's disability, unless they can show that the disability is a BFOQ that is reasonably related to the job.

Employers cannot discriminate against qualified individuals with disabilities in the terms, conditions, and privileges of employment. This means that employers cannot treat individuals with disabilities differently from individuals without disabilities in terms of such things as pay, benefits, training, and opportunities for advancement.

Employers must make reasonable accommodations for qualified individuals with disabilities. This means that employers must make changes to their workplace or policies to allow individuals with disabilities to perform their jobs. Accommodations are only required if they are effective and do not impose an undue burden on the employer.

Examples of ADA violations

Here are some examples of how employers might violate the ADA:

Refusing to hire a qualified applicant with a disability because of their disability

Firing an employee with a disability because of their disability

Denying a promotion to an employee with a disability because of their disability

Requiring an employee with a disability to take a medical exam that is not job-related

Failing to provide a reasonable accommodation to an employee with a disability

Remedies for ADA violations

Individuals who believe they have been discriminated against under the ADA can file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate the charge and, if it finds that there is reasonable cause to believe that discrimination has occurred, it will attempt to conciliate the dispute between the individual and their employer. If conciliation is unsuccessful, the EEOC may file a lawsuit against the employer in federal court.

Individuals can also file a lawsuit against their employer in federal court without first filing a charge with the EEOC. However, it is generally recommended that individuals file a charge with the EEOC first, as this will give them access to the EEOC's investigative and conciliation resources."

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Outcome: Settled for an undisclosed sum and dismissed.

Plaintiff's Experts:

Defendant's Experts:

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