A hospital employee may not pursue his lawsuit under the Americans with Disabilities Act (ADA) because he was not qualified for the job. The employee’s requested accommodation—teaching hospital physicians and staff the symptoms and triggers of Asperger’s syndrome—was not an issue, according to the court. The hospital did not need to make the accommodation because the employee was unable to perform an essential function of his job, interacting with patients. The court also noted that the employee rejected the hospital’s offer to help him find a job in pathology or another specialty that required little or no patient interaction.
A federal court has awarded a former security officer more than $50,000 in back wages and attorney’s fees after he was fired for refusing to shave his beard as requested by his employer. The officer kept his beard closely cropped but maintained that the beard was part of his religious observance. The court found that the company’s request was religious discrimination.
After Idaho brought a lawsuit over excessive violence at the Idaho Correctional Center, Corrections Corporation of American (CCA) agreed to maintain adequate security staff. A federal court has ruled that there is still “a persistent failure to fill required mandatory positions, along with a pattern of CCA staff falsifying records to make it appear that all posts were filled.” CCA must now submit to an independent monitor and report regularly to the court. The court also established a fine of $100 for every hour that a mandatory post is vacant after a grace period of 12 hours.