Tue, Oct 31, 2017
Awarded $1.3 Million Judgement Under The ADA Act Saying Employees With HIV Were Not Accommodated
A Nevada Federal Jury on Friday October 20 rendered a $1.3 million verdict under the Americans with Disabilities Act against Delta Air Lines including $800,000 in punitive damages. Delta was found guilty of both failing to accommodate the HIV protected disability of the Plaintiff and terminating Plaintiff on account of his disability. Back pay, front pay and legal fees to be awarded under the Federal Statute have not yet been decided. The jury found Delta's actions were knowing and reckless, and awarded punitive damages.
The jury took approximately three and a half hours to reach a unanimous verdict after an almost 4 day trial before U.S. District Judge Richard F. Boulware II. Plaintiff was represented by Stone & Woodrow LLP of Charlottesville, Virginia, with Thatcher A. Stone and William T. Woodrow III as lead trial counsel and Nevada State Senator Richard Segerblom. Asked for comment, Stone said, "the jury of eight Nevada citizens listened, paid attention, and then made a decision. Plaintiff's team is extremely pleased with the jury and their result." Segerblom said, "the verdict is likely to be the largest verdict for employment discrimination in Nevada history." Delta was represented by Scott Mahoney of the Las Vegas office of Fisher and Phillips and Kelly Giustina, a Delta lawyer. Stone & Woodrow LLP is a plaintiff's boutique that focuses on civil rights and aviation related personal injury. Thatcher A. Stone is adjunct faculty at the UVA Law School.
Plaintiff was both denied an accommodation provided for by Federal law when he got ill when Delta's medical insurance failed to provide timely medication, and was wrongfully terminated for the two days he was ill with a protected absence due to his disability, according to the jury's verdict. Principal witnesses for Delta were Lisa Todd, then an HR specialist with Delta, now an HR specialist at Hamline University in Minnesota, and Kirk Kozy, Lewis' boss at the time in Las Vegas. Principal witnesses for Plaintiff were himself, and Dr. Dino Gonzalez of Las Vegas.
The original complaint against Delta was filed three and a half years ago. U.S.D.C. for the District of Nevada, Las Vegas Division. Case Name: Lewis v. Delta Air Lines, Inc. Case Number:2:14-cv-01683-RFB-GWF.
(Source: Stone & Woodrow Law news release)
More News
Runway Lead-in Light System Runway Lead-in Light System Consists of one or more series of flashing lights installed at or near ground level that provides positive visual guidance a>[...]
Aero Linx: Aviation Without Borders Aviation Without Borders uses its aviation expertise, contacts and partnerships to enable support for children and their families – at hom>[...]
Dave Juwel's Aviation Marketing Stories ITBOA BNITBOB ... what does that mean? It's not gibberish, it's a lengthy acronym for "In The Business Of Aviation ... But Not In The Busine>[...]
From 2010 (YouTube Version): Yeah.... This IS A Really Cool Job When ANN's Nathan Cremisino took over the lead of our Aero-TV teams, he knew he was in for some extra work and a lot>[...]
Also: Junkers A50 Heritage, Montaer Grows, Dynon-Advance Flight Systems, Vans' Latest Officially, the Carbon Cub UL and Rotax 916 iS is now in its 'market survey development phase'>[...]