disability Archives - Home Safety Tech Pros

Lawyer alleges BigLaw firm fired her 11 days after she disclosed epilepsy diagnosis, violating disability law

homesafetytechpros — Mon, 14 Apr 2025 13:58:45 +0000

Disability Law

Lawyer alleges BigLaw firm fired her 11 days after she disclosed epilepsy diagnosis, violating disability law

April 10, 2025, 9:00 am CDT

A former lawyer at Ballard Spahr has filed a lawsuit alleging that she was fired for taking medical leave after suffering gastrointestinal problems and a seizure. (Image from Shutterstock)

A former lawyer at Ballard Spahr has filed a lawsuit alleging that she was fired for taking medical leave after suffering gastrointestinal problems and a seizure.

Kimberly Steefel, a former of counsel for Ballard Spahr, filed the April 8 suit in the U.S. District for the Southern District of New York, Law360 reports in a story noted by Above the Law.

Steefel learned that she was being fired in October 2022 on the day that she returned to the law firm’s New York office from medical leave, according to her suit. Only 11 days before she had disclosed her epilepsy diagnosis and her medical provider’s recommendation for an accommodation in the form of a flexible work schedule, the suit says.

Steefel suffered from gastrointestinal problems and what she thought was her first seizure before beginning the medical leave. She later sought “16 reasonable accommodations for her epilepsy,” the suit says.

The accommodations stemmed from the effect of epilepsy on stamina and concentration and the need to “avoid environments pervaded by anxiety and hostility,” which can lower the seizure threshold, according to the suit.

There was no attempt to discuss accommodations, the suit says. Steefel was initially told that her employment would end no later than mid-January 2023, but the date was later pushed back to mid-April 2023.

Before she learned of her firing, Steefel had “received nothing but praise and positive feedback” for her work, the suit says.

Her suit alleges discrimination, retaliation, hostile treatment and wrongful termination on the basis of Steefel’s disabilities and gender in violation of the Americans With Disabilities Act, Title VII of the Civil Rights Act and state and local anti-discrimination laws.

The suit alleges that the firm has a history of discriminating against disabled people, pointing to Ballard Spahr lawyer job ads with “nonsensical physical requirements” that include the ability to “stand, walk, bend and stoop,” to sit for long periods of time, and to “lift up to 40 pounds.”

Steefel also alleges that her practice group, the employee benefits and executive compensation group, created a hostile work environment on the basis of sex.

The group had a “systematic practice” of “replacing the junior- or mid-level female attorneys with other female attorneys at the same or lower level, thus keeping the cycle of maintaining females at lower-level positions only, and at the same time, hiring into and promoting to more senior-level positions only males,” the suit says.

Ballard Spahr provided this statement to the ABA Journal: “The firm disputes the allegations contained in Ms. Steefel’s complaint, and in particular, that she was terminated due to an alleged disability or her gender. The firm will defend the case vigorously.”

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Law grads with past substance-use disorders suffered disability bias in quest for license, DOJ says

homesafetytechpros — Thu, 16 Jan 2025 13:09:26 +0000

Disability Law

Law grads with past substance-use disorders suffered disability bias in quest for license, DOJ says

By Debra Cassens Weiss

January 6, 2025, 3:15 pm CST

According to the U.S. Department of Justice, would-be Tennessee lawyers encountered unlawful disability discrimination when they were required to submit to “burdensome examinations.” (Image from Shutterstock)

Would-be Tennessee lawyers encountered unlawful disability discrimination when they were required to submit to “burdensome examinations” and conditions triggered by their past diagnosis or treatment for a substance-use disorder or a mental health disorder, the U.S. Department of Justice has concluded.

The Tennessee Board of Law Examiners and the Tennessee Lawyers Assistance Program violated Title II of the Americans With Disabilities Act, which protects people with from being excluded from programs of state and local governments, according to a letter of findings released Dec. 17.

The DOJ investigated after receiving complaints from two bar applicants, “D.S.” and “C.B.,” who were previously treated for substance-use disorders related to prescription drugs. Both suffered “significant economic harm,” including loss of jobs because of delays in obtaining a law license and costs incurred in complying with required evaluations by treatment facilities.

The conditions for obtaining a law license were “burdensome, intrusive and unnecessary,” the letter said.

NBC News has identified D.S. as Derek Scott, who was taking buprenorphine, a Food and Drug Administration-approved medication that his doctor prescribed, to treat the opioid-use disorder that he developed after becoming addicted to painkillers. The network chronicled Scott’s battle for a law license.

Scott, now an attorney in Clarksville, Tennessee, has been treated continuously for opioid-use disorder since 2012. He graduated from the University of Tennessee College of Law in 2019. On his bar application, Scott disclosed charges that were later dismissed, most of which happened when his addiction to painkillers was untreated.

Because Scott was taking buprenorphine, he was required to undergo a multiday assessment at an addiction-recovery facility that cost him $2,000. No drugs were found in his system other than buprenorphine. No cognitive impairment was found. The facility nonetheless recommended a six-month inpatient treatment program that would cost Scott $30,000, an amount lowered to $15,000 with credit for the $2,000 already spent because of scholarship money from the Tennessee Lawyers Assistance Program.

Scott’s treating physician “emphatically” disagreed with the need for inpatient treatment to stop a medication that was effectively treating his disability, the DOJ letter said. If he didn’t comply, Scott was told, he wouldn’t get a law license.

“Thus, D.S. was left with the choice of continuing the treatment that is successful for him in treating his [opioid-use disorder] or obtaining his license to practice law,” according to the letter of findings.

The law firm that had employed Scott as a law clerk fired him in November 2021 because of his inability to get a law license.

Scott sought a second evaluation by another facility and was granted permission. A psychiatrist there found that the drug therapy had been successful, and there were no legal, educational or occupational deficiencies. The medical report nonetheless concluded that Scott was not fit to practice law, and that abstinence treatment at a facility should be considered.

After the DOJ notified the Tennessee agencies in September 2023 that it was investigating, Scott received his law license.

The other lawyer, C.B., had completed an inpatient rehabilitation program in 2010 and graduated from law school in 2020. C.B. informed the Tennessee Board of Law Examiners that several misdemeanor arrests happened while he was abusing alcohol and Xanax, which is often used to treat anxiety disorders and anxiety caused by depression. A board interviewer concluded that C.B. had no mental or psychological disorder that would affect his ability to practice law.

C.B. was nonetheless referred to the Tennessee Lawyers Assistance Program for evaluation and was required to pay $6,000 for a psychological and drug assessment. The medical report found that C.B. was fit to practice law but recommended abstinence-based outpatient therapy for substance-use management and physical therapy for pain. He should also quit smoking and get his cholesterol checked, the report said.

The Tennessee Lawyers Assistance Program said C.B. should get outpatient treatment in a drug program four days per week. C.B. lost his job and moved from Ohio to Tennessee to attend a seven-week program. He was then allowed to obtain a law license as long as he entered a five-year monitoring contract and submitted to random drug tests.

The restrictions and conditions imposed on Scott and C.B. “were based on speculation about their disabilities that were contrary to demonstrated conduct, and as to D.S. in particular, they were based on stigma and stereotypes about his prescribed treatment,” the letter said.

Scott told NBC News that he felt validated by the findings.

“I felt like they had put up an obstacle that they knew I couldn’t overcome,” he said.

Scott works as a lawyer primarily handling criminal defense cases, according to NBC News. He continues to take his medication.

NBC News spoke with civil rights attorney David Sinkman, who handles substance-use bias cases, about the DOJ letter. He was not involved in the case.

“This is a powerful finding by the Department of Justice that applies beyond admission to practice law in Tennessee, since there are similar licensing restrictions in other states and for other professions,” Sinkman said.

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Outreach Event Sparks Dialogue on Disability Rights

homesafetytechpros — Sun, 24 Nov 2024 20:52:41 +0000

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Hundreds of lawyers and community members joined Minnesota federal judges in a recent courthouse event fostering awareness of disability rights.

The March event called, “The Unfinished Journey: Civil Rights for People with Developmental Disabilities and the Role of the Federal Courts,” was held at the Diana E. Murphy U.S. Courthouse in Minneapolis. It included a free continuing legal education (CLE) class for attorneys, followed by a public reception with an educational exhibit and art show of works created by artists with developmental disabilities.

“The true measure of a civilized and democratic society is the way we treat those individuals most in need and the most vulnerable amongst us,” said Judge Donovan W. Frank, of the District of Minnesota, who participated in the event. “A significant reason why disability discrimination continues, and why so many individuals continue to stereotype people with disabilities, is that they have not met individuals with disabilities, and they have not gotten to know people with disabilities, as I have had the privilege to do. When that happens, the stereotypes fall away, and then we all benefit.

“We are hopeful that our Unfinished Journey project will end the silence of so many and remind people that disability rights are civil rights. When that happens, the discrimination and stereotyping will end, and individuals with disabilities will receive ‘equal justice under law.’”

The evening reception unveiled a set of 20 educational banner displays on the history of disability rights in Minnesota, and the opening of “I AM,” the court’s newest juried public art exhibit. The juried installation includes 15 pieces selected by federal judges and artists from the disability arts community. The evening also included spoken-word and musical performances.

Visitors learn about the history of disability rights in Minnesota through a series of educational banners on display in the lobby of the Diana E. Murphy U.S. Courthouse in Minneapolis. Credit: Stan Waldhauser

“This event told the story of how well the United States government, including its courts, and the government of the State of Minnesota, including its courts, have fulfilled their moral obligations to our citizens with cognitive impairments,” said Chief Judge Patrick J. Schiltz, of the District of Minnesota, who spoke at the reception. “It is a story of triumph and tragedy, and a story whose ending has not yet been written.”

The court event was co-sponsored by the Minnesota Chapter of the Federal Bar Association, the Minnesota Governor’s Council on Developmental Disabilities, the Minnesota Disability Bar Association, and MSS, a nonprofit organization supporting individuals with disabilities.

The educational banners will be on display in the lobby of the Murphy Courthouse until July 17, after which it will move to the Warren E. Burger Federal Building and U.S. Courthouse in St. Paul. The art exhibit will be displayed at the federal courthouse in St. Paul from May 16 to July 18.

“Sadly, people with developmental disabilities have been subject to unfair labels, stereotypes, institutionalization, mistreatment, and abuse, well into the 20th century,” said retired U.S. Magistrate Judge Becky R. Thorson, who was instrumental in planning the event. “Though progress has been made, the journey is unfinished. The goal of the exhibit is to educate and inspire others to help complete the journey, so that people with developmental disabilities can thrive as vital and equal members of the community.”

Related Topics: Public Education

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Coca-Cola delivery man who used slurs as result of Tourette syndrome loses disability suit after job transfer

homesafetytechpros — Tue, 27 Feb 2024 12:03:03 +0000

Disability Law

Coca-Cola delivery man who used slurs as result of Tourette syndrome loses disability suit after job transfer

By Debra Cassens Weiss

February 21, 2024, 12:37 pm CST

A Coca-Cola delivery man whose Tourette syndrome caused him to use profanity and racial slurs when stocking customer stores was not entitled to keep that job under the Americans With Disabilities Act. (Image from Shutterstock)

The 6th U.S. Circuit Court of Appeals at Cincinnati ruled against Tennessee driver Cameron Cooper in a Feb. 15 opinion.

HR Dive has coverage, the Volokh Conspiracy has opinion highlights, and the National Law Review has an analysis.

Under the Americans With Disabilities Act, plaintiffs must show that they are disabled. They also must show that they are otherwise qualified for their position without accommodations, with the elimination of a job requirement, or with a reasonable accommodation.

To win the ADA case, the employer then must show that the challenged job requirement is essential and a business necessity, and that any proposed accommodation would be an undue hardship.

Coca-Cola had received at least two complaints from store managers about Cooper’s profanity and racial slurs.

Coca-Cola approved two medical leaves for Cooper; adjusted his route, so that he wouldn’t have to visit Dollar General stores; and allowed him to have a seasonal position as a delivery helper. In December 2019, Coca-Cola moved Cooper to a warehouse position, with negotiated pay of $18.96 per hour instead of the $20.38 per hour that he made as a delivery driver.

Cooper had alleged that the transfer was discriminatory because he was otherwise qualified for the delivery position without an accommodation or, in the alternative, that he was qualified for the position with a reasonable accommodation—an alternative route that was not customer-facing.

The appeals court rejected the arguments in upholding a grant of summary judgment to Coca-Cola.

First, the 6th Circuit determined that “excellent customer service” was an essential function of Cooper’s position. Coca-Cola had identified “excellent customer services skills” in its written job description for Cooper’s job, and Cooper stipulated that those skills were an essential function of the position.

Next, the appeals court concluded that Cooper could not have provided excellent customer service without an accommodation.

“It is undisputed that Cooper used racial slurs, those slurs were decipherable to at least some customers, and the decipherable slurs offended customers,” the 6th Circuit said. “Cooper’s own doctor also stated that Cooper needed an accommodation to perform his job. Based on these facts, the district court did not err in finding that, as a matter of law, Cooper could not provide excellent customer service without an accommodation.”

Finally, the appeals court said Cooper did not identify a reasonable accommodation. He had sought a position that didn’t involve customer interaction, but none was available.

The National Law Review article, written by law firm Bradley Arant Boult Cummings, said the decision has a lesson for employers.

“Although the thought of updating and adding more detail to your written job descriptions may make your HR department grumble, this case demonstrates why good job descriptions are extremely important,” the article said.

“Even something that would seem to be common sense—being able to effectively relate and not offend your customers—may be the key to defending your next lawsuit. [Coca-Cola] defeated this lawsuit because it was able to point to that essential function in the job description, as well as their attempts to figure out any way to accommodate Cooper’s disability.”

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