On October 30, an administrative law judge for the Equal Employment Opportunity Commission (EEOC) approved a $10 million class-action settlement. A news source reported that the plaintiffs are former employees of the Social Security Administration (SSA) who applied for a promotion in 2003. Apparently, these individuals made a “best qualified” list but were not chosen for promotions. The plaintiffs argued that they were not chosen because of certain enumerated disabilities.
In response to the settlement, the SSA will begin to significantly improve its policies and procedures in regards to disabled workers. This will include trainings and providing individuals with reasonable accommodations. The compensation will include over $6.5 million to members of the class that was discriminated against, and the rest of the settlement will go towards legal and administrative fees.
Kentucky Disability Discrimination
In Kentucky, discrimination because of a legitimate disability is unlawful. Both Kentucky and federal law require that public employers provide any employee who has a known disability with reasonable accommodations. Disabilities include both physical and mental limitations of qualified individuals. It is important to note that this ban on discrimination does not only include current employees but potential employees as well. For example, employers cannot ask a prospective employee whether he or she is disabled before he or she is hired. They can only ask about any disabilities after the employee is hired.