Court Revives Disabled Workers’ Lawsuit Against United Continental
The 7th Circuit Court of Appeals in Chicago recently reversed its position on whether employers have to accommodate workers who become disabled on the job. In 2000, the court decided that the law required no such accommodation. In its recent decision, the court decided that employers must attempt to find the disabled employees positions for which the employees are qualified.
The (EEOC) originally filed the class action lawsuit in 2009. The lead plaintiff, Joe Boswell, worked as a mechanic for United Airlines (now Continental United) at San Francisco International Airport for over 10 years. Boswell developed a brain tumor, which left him unable to work as a mechanic. Boswell alleged that United hindered his efforts to find work in other positions at the company and eventually placed Boswell on involuntary leave.
The 7th Circuit decided employers are required to make reasonable attempts to keep newly , like Mr. Boswell, employed in other positions. The judges changed their position in part due to a U.S. Supreme Court ruling from 2002, as well as similar changes in position by two other federal circuit appellate courts.
If you feel your employer has discriminated against you, because of a disability, please contact Khorrami, LLP for a confidential consultation.