EEOC Alleges Wood Group Refused to Hire Worker Because of His Disability

Global Offshore Company Refused to Hire Offshore Worker Because of Diabetes, Federal Agency Charged

NEW ORLEANS - Sept 21, 2017 - Wood Group PSN, Inc., a global company which provides operations and maintenance to the oil, petrochemical and gas industries, denied employment to an offshore worker because of his disability, the EEOC alleged in a lawsuit filed today.

The suit, filed in United States District Court in the Eastern District of Louisiana, Case No. 2:17-cv-09339, alleges that in June 2015, Calvin McKelroy, a type I insulin-dependent diabetic, was denied employment as a Production Operator because of his medical condition in violation of the Americans with Disabilities Act (ADA) of 1990, as amended. The suit further alleges that McKelroy had worked on the same platform as a Production Operator for Grand Isle Shipyard for many months without incident. During that employment, McKelroy never experienced any issues related to his disability.

In June 2015, Fieldwood Energy changed staffing contractors from Grand Isle Shipyard to Wood Group. As a result of this transition, the lawsuit alleges, McKelroy was required to complete a new job application and undergo a physical examination to maintain his employment. The job which McKelroy would have done for Wood Group was the same job, at the same location that he already had been performing successfully, according to the EEOC.

Following a medical examination, on June 3, 2015, a project manager for Wood Group notified McKelroy that Wood Group would not hire him because of the purported risk posed by his disability.

The EEOC alleges that Wood Group violated the ADA when it refused to hire McKelroy because of his diabetes. The EEOC is seeking injunctive relief prohibiting Wood Group from engaging in unlawful discrimination on the basis of disability in the future, as well as lost wages, compensatory and punitive damages for McKelroy, and other relief the court deems proper.

Keith Hill, New Orleans Field Office Director, said, "Employers should be reminded that they are required to engage in an individualized assessment of whether an employee can do the job with or without accommodation." Rudy Sustaita, Regional Attorney, stated "Discrimination on the basis of disability in the employment process will not be tolerated."

Wood Group PSN, Inc. is an international company with locations throughout the world.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.

source: EEOC press release

Native Americans 2017 Walk to the Four Corners to Fight Diabetes

Hundreds of American Indians left their western tribal communities early in the morning on Friday, May 5th, 2017 on a journey that would take them to Four Corners. They walked as many as 20 miles to meet up at the Four Corners Monument to promote their people’s health and well-being.

The walkers represented the Navajo, the Ute, the Zuni and other Tribes, and walked in from New Mexico, Arizona, Utah and Colorado to gather where those states share a common boundary—the only place in the United States where four states meet. This was the 21st annual Walking Together for Healthier Nations event, co-sponsored by Navajo Area Indian Health Service (IHS) facilities—the Shiprock Service Unit, Four Corners Regional Health Center, and the Northern Navajo Medical Center—as well as the Ute Mountain Ute, Southern Ute and White Mesa tribal communities.

The purpose of the annual walk is to raise awareness of the health disparities and challenges that Native people face, particularly with diabetes. Rita King, a Ute Mountain Ute member and coordinator for the Sleeping Ute Diabetes Prevention program at the IHS facility in Towaoc, Colorado, said 11 percent of her Tribe suffers from either type 1 or type 2 diabetes.

The Tribe, she said, promotes exercise, good nutrition and other preventive actions including community activities like the Walking Together event to fight diabetes. “Walking is free. It’s good to get out, meet old friends, make new ones,” King said.

According to the Centers for Disease Control and Prevention and IHS, Native Americans have a greater chance of diabetes and kidney failure resulting from diabetes than any other U.S. racial or ethnic group. But the CDC also reported recently - PDF that kidney failure among Native Americans dropped by 54 percent between 1996 and 2013, the fastest rate for any racial or ethnic group in the U.S.

This hard-fought progress in reducing kidney failure has happened since the IHS began using population health and team-based approaches to diabetes and kidney care, according to the CDC and IHS.

“If we can start now educating the young people, we can beat this diabetes,” added Kenny Frost, a Southern Ute from Ignacio, Colorado, who carried a staff of eagle feathers representing all the Tribes. He said traditional blessings for the gathering at Four Corners.

That they could tie in health awareness with their cultural and traditional ways was important. “Walking with the Tribes into the park and going around the monument was great,” Frost said, noting that the Utes were welcomed into the monument area by a group of Navajo veterans. “When we do something like this, it’s a part of history.”

Kenny James, a Navajo from Shiprock, New Mexico, said walking is an important and enjoyable way to stay healthy. “I do a lot of hiking. I like to participate with a group.” He’s 62 and said he did all 19 miles of his group’s route. A veteran of the Marines and state and reservation law enforcement, James said this was his second year on Walking Together. He wore the wrong shoes last year and suffered from blisters; this year he wore light hiking shoes and had no problems.

Roberta Diswood, a recreation specialist with Shiprock Health Promotion at Northern Navajo Medical Center, agreed that the walk promotes good health and well-being. She coordinated a group of about 100 Navajo and some non-Native people who made the 21-mile journey from northwest New Mexico to Four Corners.

Harold Cuthair, 56, chairman of the Ute Mountain Ute Tribe, also participated in the walk and said he encourages tribal leaders, staff and the community to participate in healthy activities. “Health is a priority in our lives and [important] today, tomorrow and in the future. … [O]ne thing my heart, soul and mind tell me is anything is possible. I walked all the way!”

Participating in healthy activities doesn’t end with the great walk, stressed Eli Bigthumb, a Navajo and a recreation specialist for the Crownpoint Service Unit who coordinated a group of 88 Navajo walkers for a related event on May 3rd. Ten walked the entire 27-mile route from Pueblo Pintado to Torreon, New Mexico. Bigthumb said, “This is a kickoff point for our spring and summer season.”

SOURCE: U.S. Dept. of Health & Human Services press release.

May 10, 2017

By: Judy Sarasohn, HHS (Public Affairs)

Photo Credit: Courtesy of the Indian Health Service (IHS).

DOJ Settlement with YMCA of Metro Chicago to Ensure Compliance with Americans with Disabilities Act

CHICAGO - Jan. 4, 2017 - The United States Attorney’s Office today announced a settlement with the YMCA of Metro Chicago to resolve a complaint of discrimination filed on behalf of a child with type 1 diabetes.

The settlement agreement requires the YMCA of Metro Chicago to administer the emergency medicine glucagon to program enrollees with diabetes who have requested it.  Glucagon is a potentially lifesaving treatment for hypoglycemia (low blood sugar).  It is pre-measured and injectable and is intended to be administered to unconscious or unresponsive individuals by properly trained laypersons.

The settlement agreement also requires the YMCA of Metro Chicago to adopt and implement a comprehensive policy on diabetes management.

The settlement agreement was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois.

The U.S. Attorney’s Office received a discrimination complaint on behalf of a nine-year-old girl with type 1 diabetes who participates on a YMCA swim team.  The girl has been prescribed glucagon injections for use in the rare event that she develops severe hypoglycemia and cannot self-administer diabetes treatment.  The YMCA of Metro Chicago initially refused to administer glucagon.  As a result, the girl could not participate on the YMCA swim team without being accompanied by a family member who could administer glucagon in an emergency.

An investigation by the U.S. Attorney’s Office concluded that the YMCA of Metro Chicago discriminated against the girl by denying her, on the basis of disability, the opportunity to participate in the program, and by failing to make reasonable modifications in its policies regarding the administration of medication.

The YMCA of Metro Chicago denied the allegations of discrimination and made no admission of liability in this matter.  Nevertheless, to ensure full compliance with the Americans with Disabilities Act, the YMCA of Metro Chicago agreed to implement a comprehensive training program and establish several other procedures to afford individuals with disabilities, including diabetes, an equal opportunity to participate in its services.

The settlement agreement became effective on Dec. 21, 2016.  Although the United States agreed not to presently institute a civil action alleging discrimination under the ADA, it may review the YMCA of Metro Chicago’s compliance with the settlement at any time during the two-year duration of the agreement.  If the government believes the agreement has been violated, it reserved the right to institute a civil action in the appropriate U.S. District Court to enforce the agreement.

The government is represented by Assistant U.S. Attorney Virginia Hancock.

SOURCE: Press Release - U.S. Attorneys » Northern District of Illinois

Oilfield Instrumentation Unlawfully Rescinded Job Offer Because Of Disability, EEOC Charges in Lawsuit

Company Denied Job Based on View That All Type I Insulin-Dependent Diabetics Are 'Fragile' and Not Suited to Work Offshore, Federal Agency Charges

from a Press Release on July 25, 2016

U.S. Equal Employment Opportunity Commission

NEW ORLEANS - Oilfield Instrumentation, USA, Inc., an oilfield services company, violated federal law by withdrawing a job offer to an applicant because of his diabetes, the U.S. Equal Employment Opportunity Commission charged in a lawsuit it filed today.

According to EEOC's lawsuit, on Feb. 4, 2013, Carl J. Devalcourt, III, a Type I insulin-dependent diabetic, applied for a service technician position at Oilfield Instrumentation. Two days later, he interviewed with Tom Walker, a hiring manager. Devalcourt received a job offer and informed Walker that he would like to move forward with the hiring process, which included taking a required drug test and physical examination.

After that, Devalcourt went to Acadian Health Services Clinic for the physical examination. Dr. Francisco Silva examined Devalcourt and determined that he was in "good physical shape" and that his diabetes was "well-controlled." Dr. Silva expressed his concern to Devalcourt that he had Type I insulin-dependent diabetes and wanted to work offshore. However, Devalcourt assured Dr. Silva that he was on an insulin pump, that he had two years of previous experience working offshore as a diabetic, without incident, and that he took necessary precautions to ensure his safety.

After the exam, Dr. Silva contacted Oilfield Instrumentation to inform the company that Devalcourt was a Type I insulin-dependent diabetic. Dr. Silva then informed Devalcourt that Oilfield Instrumentation was no longer interested in proceeding with the employment process. In a letter addressed to Oilfield Instrumentation, Dr. Silva stated that Type I diabetics are "fragile" and determined that Devalcourt was not qualified for the position of service technician simply because he has that condition. EEOC said that Oilfield Instrumentation did not base its decision to withdraw the job offer on the type of fact-intensive assessment mandated by the Americans with Disabilities Act (ADA). Rather, the company simply revoked the offer on the basis of a sweeping determination that Type I insulin-dependent diabetics could not work offshore, regardless of whether the particular diabetic employee could perform the essential functions of his job.

Such alleged conduct violates the ADA. EEOC filed its lawsuit in U.S. District Court for the Western District of Louisiana (EEOC v Oilfield Instrumentation, U.S.A., Inc., Case No. 6:16-cv-01089), after first attempting to reach a pre-litigation settlement through its conciliation process. EEOC is seeking injunctive relief prohibiting Oilfield Instrumentation from engaging in unlawful discrimination on the basis of disability in the future, as well as lost wages, compensatory and punitive damages for Devalcourt, and other relief the court deems proper.

"This lawsuit reminds employers of their obligation to conduct individualized assessments of a person's ability to perform the essential functions of a job," said EEOC Houston Regional Attorney Jim Sacher.

EEOC New Orleans Field Office Director Keith Hill added, "Hiring decisions based upon reliance on negative stereotypes associated with particular disabilities violate the ADA and will not be tolerated."

Oilfield Instrumentation is an oilfield services company that provides real-time drilling instrumentation. It has offices in Louisiana, Texas, Arkansas, North Dakota, California and Pennsylvania.

EEOC is responsible for enforcing federal laws against employment discrimination. Further information is available at www.eeoc.gov.

NY Restaurant Posts Discriminating Sign Aimed Towards Customers With Diabetes

another nice article published from The Mighty, article by Jordan Davidson 0n June 8, 2016. As someone with diabetes, any restaurant, business that would endanger the wellbeing of those with diabetes would never see a penny of my money. When you have a diabetic attack, you do not have time to hid out in a public restroom to take/inject life saving medicine.

# # #

Mike's Pig Pen Watertown Posts Sign Aimed Towards Customers With Diabetes

Mike’s Pig Pen is getting some heat for an insensitive sign hung above the bathroom in its restaurant in Watertown, New York.
The sign reads:

Attention. If you are a diabetic and have to give yourself an injection, please do so in the restroom. Thank you!

People with diabetes – both type 1 and type 2 – often need an injection of insulin before eating to control their blood sugar.

Patrons of the restaurant are outraged calling the sign “disgusting” and “discriminating.”

One Facebook commenter wrote:

“I’m terrified of needles, can’t be in the same room as them and watching people give themselves injections freaks me out… With that said, I turn away or I leave, I would never expect a diabetic to leave the room and go inject themselves in a filthy bathroom due to me being uncomfortable. This is seriously wrong.”
Another commented demanding an apology:

“Your sign regarding diabetics is discriminatory and shameful. Diabetics need to take insulin in order to survive… diabetes is not contagious, there is no reason they should be relegated to a nasty, germ filled bathroom and risk infection in order to appease anyone. These people are protected from such discrimination by the Americans with Disabilities Act. Interesting that you have posted this horrifically discriminatory sign right above your prominent Don’t Tread on Me sign. Well you should tread on diabetics either! Take it down! Apologize! Run a fundraiser and donate proceeds to find a cure for diabetes if you are so concerned with people giving shots in your establishment!”
And another shared his perspective as a father with a daughter who has diabetes:

“Mike I was made aware of a sign at your establishment about diabetics. You should be ashamed of yourself. My daughter has to take injections to keep alive. She did not have a choice in the manner and would die without them. I am so sorry you are uneasy or uncomfortable around people that have to inject insulin to live. You have a choice, she did not.”
According to a comment on Mike’s Pig Pen Watertown’s Facebook page, the sign has been taken down. Why the sign was posted in the first place, is unclear.

The Mighty reached out to Mike’s Pig Pen for comment and has yet to hear back.

Update, Wednesday June 8: On Wednesday Evening, Mike’s Pig Pen posted the following to Facebook:

The post reads:
I put a sign up because I had a person come in and give themselves a shot and people sitting near were put out by seeing this. the play is very small there really is no private place to do the shot. I like all walks of life!!! I have good friends that are diabetic. This whole thing was taken way wrong.Didn’t put sign up to make people not like me. This is the only way I make my money. http://themighty.com/2016/06/mikes-pig-pen-watertown-posts-sign-outraging-diabetics/

For more from The Mighty, visit: themighty.com/

Justice Dept Reaches Agreement with Philadelphia-Area YMCA to Ensure Equal Opportunities for Children with Diabetes

from a Press Release on May 19, 2016

Department of Justice

Office of Public Affairs

---

Justice Department Reaches Agreement with Philadelphia-Area YMCA to Ensure Equal Opportunities for Children with Diabetes

The Justice Department reached a settlement agreement today with the Philadelphia Freedom Valley YMCA – Rocky Run Branch to resolve allegations that it violated the Americans with Disabilities Act (ADA) by denying a child the opportunity to participate in after-school and summer camp programs because of her type 1 diabetes.

Title III of the ADA prohibits discrimination on the basis of disability by public accommodations, including private camps and childcare programs.  Under the ADA, such entities must make reasonable modifications to their policies, practices or procedures when necessary to provide equal access to a child with a disability, unless a modification would fundamentally alter the nature of the goods and services.  When a parent and a child’s physician determine that it is appropriate for a trained layperson to assist a child with diabetes care, a camp or childcare program must provide this as a reasonable modification under the ADA, unless doing so would fundamentally alter the program.

The Philadelphia Freedom Valley YMCA – Rocky Run Branch refused to perform diabetes related tasks, including administering glucagon in the event of a low blood glucose level emergency and supervising the child to self-administer insulin.  YMCA also limited the child’s participation in the after-school program by allowing her to attend only until 4:00 p.m., even though the program ran until 6:00 p.m.  Finally, YMCA asked the child’s parents to supply an aide to monitor the child in the summer day camp program.

“After-school and camp programs enable children to learn and socialize with their friends, and enable parents to ensure that their children are well-cared for, and YMCAs are one of the key providers parents turn to for that care,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “Such providers may not exclude children with disabilities, and the Department of Justice will continue to aggressively fight all forms of discrimination that deny children with disabilities the protections and opportunities they deserve.”

Under the terms of the agreement, the YMCA will:

• adopt a non-discrimination policy;

• develop a sample diabetes medical management plan;

• remove unnecessary inquiries from its application materials that tend to screen out individuals with disabilities;

• train its staff on the ADA and diabetes management;

• provide information for parents on how to request modifications for children with disabilities;

•designate an ADA compliance officer who will monitor compliance with the agreement and review requests for reasonable modifications, among other duties; and

• report annually to the United States on its compliance. 

ADA enforcement is a top priority of the Justice Department’s Civil Rights Division.  Those interested in finding out more about this settlement or the obligations of camps and child care programs under the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), or access its ADA website at www.ada.gov.  ADA complaints may be filed online at http://www.ada.gov/complaint/.

Philadelphia Freedom Valley YMCA – Rocky Run Branch 

https://www.justice.gov/opa/pr/justice-department-reaches-agreement-philadelphia-area-ymca-ensure-equal-opportunities