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Understanding the New Disability and Genetic Discrimination Laws of 2008 ![]()
Learn how disability will be defined under the new Amendments Act and how to avoid discriminating against those who have a genetic marker for a disease.
The St. Louis Rams, the city's National Football League team, is on the receiving end of a disability discrimination lawsuit filed by the US Equal Employment Opportunity Commission (EEOC) on September 30, 2008.
Ron DuBuque, an assistant trainer with the team for 11 years before being fired, had epilepsy during his entire employment tenure with the Rams. DuBuque successfully performed his job until the Rams' management, in June 2006, claimed he was a medical liability and posed a threat to his own safety and that of coworkers, the EEOC asserts. DuBuque was diagnosed with trauma-induced epilepsy in 1984, more than a decade before working for the Rams.
The St. Louis Rams Partnership, The Rams Football Company, Inc and ITB Football Company, LLC, d/b/a The St. Louis Rams, terminated DuBuque in violation of the Americans with Disabilities Act (ADA), the EEOC claims in its lawsuit (EEOC v The St. Louis Rams P'ship, EDMo, No 4:08-cv-1503). The federal agency is seeking reinstatement with full benefits and backpay for DuBuque, compensatory and punitive damages, and injunctive relief prohibiting disability bias.
"The ADA prohibits such blatantly discriminatory actions as those taken by the Rams," said the EEOC's St. Louis District Director James R. Neely, Jr. "It is unlawful for employers to fire workers because of disability-based myths, fears and stereotypes. Ron DuBuque was a long-time, qualified employee who lost his job solely due to disability discrimination."
For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.
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