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Author Topic: Have you been descriminated against? I was and won! Press Release 01/28/2016  (Read 4645 times)

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Offline Kate101

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  • Posts: 18
JUSTICE DEPARTMENT SETTLES WITH ALABAMA MOVING COMPANY OVER HEPATITIS-C DISCRIMINATION

FOR IMMEDIATE RELEASE                                                                                                  CRT

THURSDAY, JANUARY 28, 2016                                                                          (202) 514-2007

WWW.JUSTICE.GOV                                                                                     TTY (866) 544-5309

 JUSTICE DEPARTMENT SETTLES WITH ALABAMA MOVING COMPANY OVER HEPATITIS-C DISCRIMINATION

WASHINGTON – The Justice Department reached an agreement today with Kemper Moving Systems Inc., a Huntsville, Alabama, franchise of Two Men and a Truck, to resolve allegations that the moving company violated the Americans with Disabilities Act (ADA) when it refused service because of a customer’s Hepatitis-C.

Under the terms of a two-year consent decree filed today in the U.S. District Court for the Northern District of Alabama, and still pending approval by the court, Two Men and a Truck will adopt a series of non-discrimination training and policy reforms.  The company must also pay $10,000 in compensation to the victim and a $3,500 civil penalty to the United States.

“The ADA prevents public accommodations, including moving companies, from denying service to people because of their disability status,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “The Department of Justice stands firmly committed to protecting the rights of people who live with Hepatitis-C by combating unlawful discrimination, addressing unfounded stereotypes and eradicating the painful stigma that interferes with their daily lives.”
                                                                                                                     

“The Americans with Disabilities Act was passed just over 25 years ago with the promise of opening up all aspects of American life to individuals with disabilities,” said U.S. Attorney Joyce White Vance of the Northern District of Alabama.  “Our office is committed to ensuring that this promise is kept and that those individuals with disabilities are given equal access to accommodations and services.”

Title III of the ADA prohibits public accommodations, such as moving companies, from discriminating against people with disabilities, including Hepatitis-C.  Through its investigation, the department found that Two Men and a Truck discriminated against a customer when its employees cancelled a move because of the customer’s Hepatitis-C.  The company cancelled the move because its employees feared they would get Hepatitis-C, even though the customer explained to both the movers and their supervisors that individuals cannot contract Hepatitis-C by moving furniture or through casual contact.  As a result of Two Men and a Truck’s cancellation on the scheduled move-out date, the customer had to pay rent for two apartments, locate last minute replacement movers and incur various other expenses.
Widely accepted professional medical guidelines and standards, including those published by the Centers for Disease Control and Prevention (CDC), clarify that Hepatitis-C is transmitted primarily through repeated exposures to infectious blood.  According to the CDC, it is not spread through casual contact, including, sneezing, hugging, holding hands, coughing, sharing eating utensils or drinking glasses or through food or water.  Two Men and a Truck’s refusal to move an individual with Hepatitis-C marked a clear violation of the ADA based on unfounded fears and stereotypes about a disability.

The agreement announced today requires Two Men and a Truck to implement a nondiscrimination policy along with additional procedures and employee training to prevent discrimination because of a customer’s disability, including Hepatitis-C.  It also requires the company to hire or designate an ADA Compliance Official responsible for reviewing all disability-related decisions. 
The consent decree, reached under Title III of the ADA – which prohibits discrimination against individuals with disabilities by public accommodations – requires Two Men and a Truck to report to the department on its compliance.  The department will actively monitor compliance with the terms of the two-year consent decree.
     

For more information about the ADA or today’s agreement, individuals may access the ADA web page at http://www.ada.gov/ or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).

 

 REPLY TO THIS MESSAGE.  IF YOU HAVE QUESTIONS, PLEASE USE THE CONTACTS IN THE MESSAGE OR CALL THE OFFICE OF PUBLIC AFFAIRS AT 202-514-2007.


 

Note: The consent decree can be found at the following link: Two Men and a Truck.

 



                                             

« Last Edit: January 29, 2016, 02:42:19 am by Kate101 »

Offline Kate101

  • Member
  • Posts: 18
I should have sought outside legal counsel because I could have gotten much more! I am now Hep C free and that is enough.

I sure some of you are wondering how they found out. Well, I had to hire someone to help me pack and she was a friend of a friend. I was very sick during that time. While I had left the apartment to take a car load of stuff to the new apartment, she felt the need to tell the movers.

The actual law calls for up to 50k in the first instance of ADA Title III Discrimination but it was the last minute when I found out all the government negotiated for me was 10k. Leave it up to our government not to do their homework because the franchise agreement requires every insurance coverage under the sun. Not only did this cost the tax payers thousands in legal fees (which should have been recouped) it was and burden that I had to carry for several years along with the dragon.

With respect to the DOJ they were very pleasant to deal with. If you have been discriminated against, I highly recommend you contact them.
___________________________________________________________________

« Last Edit: January 29, 2016, 03:07:36 am by Kate101 »

Offline Lynn K

  • Global Moderator
  • Member
  • Posts: 4,516
  • Get tested, get treated, get cured, fight Hep c!
Wow just wow

What a bunch of ignorant BS on their part SMH!
Genotype 1a
1978 contracted, 1990 Dx
1995 Intron A failed
2001 Interferon Riba null response
2003 Pegintron Riba trial med null response
2008 F4 Cirrhosis Bx
2014 12 week Sov/Oly relapse
10/14 fibroscan 27 PLT 96
2014 24 weeks Harvoni 15 weeks Riba
5/4/15 EOT not detected, ALT 21, AST 20
4 week post not detected, ALT 26, AST 28
12 week post NOT DETECTED (07/27/15)
ALT 29, AST 27 PLT 92
24 week post NOT DETECTED! (10/19/15)
44 weeks (3/11/16)  fibroscan 33, PLT 111, HCV NOT DETECTED!
I AM FREE!

Offline Kate101

  • Member
  • Posts: 18
This was my reply when they tld me only 10k

Dear Ms. Sadler and Ms. Erickson,

I am thrilled about the compliance issues regarding advertising, reporting, and training so this should not happen to anyone else.

Regarding the monitory damages; I literally begged them to simply look up or Google, the disease, Hepatitis C, and they would clearly see that they could not contract it, they refused several times; to add insult to injury the instructions I received on how to continue the move was; I had to obtain a letter from my Doctor stating that I would not “infect” their workers, which was very demoralizing. I had to reveal to the employees at +++++ Apartments that I was Hepatitis C positive and why I was not moving. This was a very distressing and inappropriate thing for me to have to do. Subsequently I had to get another mover which delayed my move several days.

Based on what I have read the first penalty is up to $50,000 and $100,000. thereafter. I do not feel that a monetary fine and penalties of $13,500. are sufficient to compensate the agony, humiliation, and real expense that I suffered as a result of this incident, or is adequate to penalize them in a memorable manor.

I have attached the description of insurances in place to protect them against these damages. I would like to know if they are utilizing these services.

Insurance:  $25,000 to $43,000 annual cost estimate; The franchisor currently requires that you carry the following insurance policies, with the coverage and amounts specified, as a minimum:  commercial general liability insurance coverage; motor vehicle liability coverage; cargo insurance; umbrella policy; business personal property insurance; employee dishonesty insurance; workers’ compensation coverage; employment practices insurance; and all other insurance coverage required by the law where the franchisee is located or that the franchisor otherwise requires.

Please advise.

Kind regards,



 

 

Offline FutureThinker

  • Member
  • Posts: 711
  • Onward and upward!
Unbelievable!!!!!!!! Ignorance is everywhere it seems.  Thanks for sharing.  FT
Treatment naive
Likely contracted mid-70s
Diagnosed 1a, 2011
F1-2
Harvoni X 12 weeks, completed 5/17/16
Pre-treatment: VL 3 mil, AST 64, ALT 84
4 week labs: VL 30, AST 21, ALT 14
8 week labs: VL UD!!!, AST 22, ALT 16
12 week labs: VL UD, AST 23, ALT 14
2 wk EOT: VL UD
12 wk EOT: VL UD, AST 22, ALT 13 =  SVR 12! Yay! 
Last hep appointment: VL UD, AST 19, ALT 12 = SVR 39! I AM DONE!

Offline KimInTheForest

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Good for you for fighting that ignorant company and winning, Kate! Too bad you didn't get more - like what you were actually entitled to. But you waged the fight and you WON! This will send an important message to many other companies and their employees. Thanks for sharing your story and the outcome with us. Stay strong.

kim :)
Kim Goldberg (Nanaimo, BC)
1970s: Contracted HCV (genotype 3a)
2015: Cured with Harvoni + ribavirin (12 weeks)
MY STORY: https://pigsquash.wordpress.com/2016/01/28/undetectable-my-hep-c-story/

 


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