July 10 Labor & Employment Law Update

Written by: Crystal M. O'Brien, Esq.

Federal Update: EEOC Requires PETCO to Accommodate Deaf Pet Groomer

In 2001, PETCO hired a profoundly deaf pet stylist who communicated primarily through sign language.  While PETCO assured the stylist that employees could accommodate her disability by managing telephone calls and appointments for the well qualified stylist, there came a time in her five (5) year tenure when store managers found the promise required more than they preferred.

Thereafter, store personnel began diverting customers to other stylists--- despite customers requesting to work specifically with the deaf stylist.  Store personnel even went so far as to claim the deaf stylist no longer was employed at PETCO.  Management reviewed the stylist’s work performance by citing her inability to communicate effectively was becoming a problem and her compensation and promotion opportunities dwindled.  Ultimately, the stylist resigned and filed a complaint with the EEOC.

Finding that the stylist’s claims were meritorious, the federal fair employment agency ushered in a whopping award of $145,000 for the stylist, as damages for PETCO’s violation of the federal Americans with Disability Act. 

To read this decision in full, please click here. 

California Update: Civil Liability and Workers’ Compensation Insurance Clash  

In Tverberg v. Filner Construction, Inc., a California Court of Appeal considers whether hirers of an independent contractor can be held legally responsible for injuries to an independent contractor’s employees.  In this case, the injuries at issue were sustained by a subcontractor’s employee on a construction project.  The injury was caused by risks that were dangerous and inherent to the project, and the court was required to determine whether workers’ compensation insurance would limit the employee’s right to recover damages against the construction project owners in civil court.  After considering common law exceptions - which prevent a party hiring an independent contractor to delegate responsibility for managing abnormal work safety risks to their own employees - the Tverberg court concluded no exception should apply in this case. Specifically, the court opined that those who hire independent contractors rely on the expertise of these individuals to assess workplace risks and are responsible for preparing their employees for managing the same. The law should not automatically discount this reliance to hold the hirers of independent contractors as responsible for safety of everyone.

To read the decision in full, please click here. 

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