Court found the harassment to be severe and pervasive because employee experienced such harassment each day for over three months. Slide 69: Harassment No. 3:05-CV-01928-M (N.D. Tex. Jul. 27, 2007) EEOC v. BobRich Enterprises, Jury awarded $165,000 to a Subway manager who is hard of hearing, finding that she had been harassed and forced to resign because of her disability. EEOC established that plaintiff was forced to resign her position after both the owner and human resources/training manager repeatedly mocked her privately and in front of other employees, creating a hostile workplace, with taunts such and you as: “Read My Lips” “Can hear me and your now?” “You got ears on?” 2013 WL 1508293 (W.D. Ky. April 10, 2013) Mitchell v. Fowler Foods/Kentucky Fried Chicken, Court found that an employee with depression, bipolar disorder, and post-traumatic stress disorder who was called and failed to establish a hostile work “slow” “mentally retarded” environment claim. This type of without more was insufficient to establish a hostile work “mere utterance” environment claim. Slide 70: General ADA Resources National Network of ADA Centers: www.adata.org; 800/949 –4232(V/TTY) Equal Employment Opportunity Commission: www.eeoc.gov Job Accommodation Network: http://askjan.org U.S. Department of Justice, ADA Info: www.ada.gov Equip For Equality: www.equipforequality.org; 800/537-2632 (Voice); 800/610-2779 (TTY) Slide 71: Continuing Legal Education Credit for Illinois Attorneys This session is eligible for 1.5 hours of continuing legal education credit for Illinois attorneys. Illinois attorneys interested in obtaining continuing legal education credit should contact Barry Taylor at: Slide 72: Thank you for Participating In Today’s Session Please join us for the next session in this series: July 17, 2013 and myth of the ADA drive-by “The anatomy lawsuit” Aaron McCullough, Southwest ADA Center
Court found the harassment to be severe and pervasive because employee experienced such harassment each day for over three months. Slide 69: Harassment EEOC v. BobRich Enterprises, No. 3:05-CV-01928-M (N.D. Tex. Jul. 27, 2007) Jury awarded $165,000 to a Subway manager who is hard of hearing, finding that she had been harassed and forced to resign because of her disability. EEOC established that plaintiff was forced to resign her position after both the owner and human resources/training manager repeatedly mocked her privately and in front of other employees, creating a hostile workplace, with taunts such as: “Read My Lips” and “Can you hear me now?” and “You got your ears on?” Mitchell v. Fowler Foods/Kentucky Fried Chicken, 2013 WL 1508293 (W.D. Ky. April 10, 2013) Court found that an employee with depression, bipolar disorder, and post-traumatic stress disorder who was called “slow” and “mentally retarded” failed to establish a hostile work environment claim. This type of “mere utterance” without more was insufficient to establish a hostile work environment claim. Slide 70: General ADA Resources National Network of ADA Centers: www.adata.org; 800/949 –4232(V/TTY) Equal Employment Opportunity Commission: www.eeoc.gov Job Accommodation Network: http://askjan.org U.S. Department of Justice, ADA Info: www.ada.gov Equip For Equality: www.equipforequality.org; 800/537-2632 (Voice); 800/610-2779 (TTY) Slide 71: Continuing Legal Education Credit for Illinois Attorneys This session is eligible for 1.5 hours of continuing legal education credit for Illinois attorneys. Illinois attorneys interested in obtaining continuing legal education credit should contact Barry Taylor at: Slide 72: Thank you for Participating In Today’s Session Please join us for the next session in this series: July 17, 2013 “The anatomy and myth of the ADA drive-by lawsuit” Aaron McCullough, Southwest ADA Center