Hello.
Here are 6 cases from around the world in English:
From England:
"...in the case of Tarling versus Wisdom Toothbrushes Limited, Mrs
Tarling, who was born with a club foot, had worked for the Company for
almost eighteen years. By 1996 her condition was causing her pain and
discomfort, limiting her ability to carry out normal day to day
activities. The Company sought and received expert advice that she
might be better able to perform her duties using a "Grahl" chair
costing around £1,000. Instead of acting on the advice, the Company
provided the employee with a series of "ordinary" chairs. Throughout
this time she was not achieving her production targets and the Company
began disciplinary proceedings which resulted in her dismissal. She
claimed unlawful disability discrimination. A Bury St Edmunds
Industrial Tribunal was in no doubt that she had a disability and that
she had been dismissed because of it."
http://www.schools.bedfordshire.gov.uk/circulars/98/h-98-8.htm
From Boston
"In Dahill v. Police Dept. of Boston, the plaintiff was attending the
Boston Police Academy?s training program to become a Boston Police
Officer. The plaintiff was born with a severe hearing impairment which
was corrected to within normal limits with the use of hearing aids.
However, while at the Academy several episodes occurred that raised
concerns that the plaintiff?s hearing might make him unfit to be a
police officer. The department terminated the plaintiff, explaining
that his ?auditory deficiencies? rendered him ?incapable of
effectively and safely performing the essential duties of a Police
Officer.?
The plaintiff sued under chapter 151B 4(16), among others, claiming
that he has a ?handicap? as defined by the law. "
http://www.fhe.com/news.asp?nID=000322356805
From Australia:
'Take Maryanne Diamond. Blind since birth, she has never used an ATM
independently. The device that's so convenient for the able-bodied is
an impediment to anyone who can't see, hear or isn't tall enough to
see the screen and press the keypad.
"It is demeaning ... I'm blind, not incompetent," says Diamond,
executive officer of Blind Citizens Australia. She's also concerned
about privacy and how the retreat of services from bank branches to
ATMs and the internet effectively locks out disabled people. And
over-the-counter transactions are more expensive and time-consuming
than electronic banking.'
http://bulletin.ninemsn.com.au/bulletin/EdDesk.nsf/0/d052d7f20ba026a9ca256ba70005613e?OpenDocument
From Wyoming:
A person born with "female hair patterns and breasts but
underdeveloped male reproductive organs" was placed in solitary
confinement even though this person would normally qualified to be in
the minimum security general population.
see: "Intersexual Woman Sues Prison"
http://faculty.uml.edu/sgallagher/intersexualsues.htm
From Alabama:
Robichaud was born with a very bad case of "port wine stain," a dark
purple mark covering and distorting a substantial part of her face'
sued a McDonald's franchisee in Northport, Alabama for discrimination.
source: " Is Appearance More Than a Book Cover?"
http://www.smeal.psu.edu/news/releases/apr03/cover.html
From India:
The next case,i.e., the case of Shruti Kalra, was a case of
discrimination meted out to a disabled person by non-disabled. Shruti
Karla, even without any vision/proper vision since birth, not only
pursued her studies but also passed her Senior Secondary Examination
with distinction in Accountancy as well as in Economics. She joined
B.A.(Hons.) Degree Course in Instrumental Music and topped the Daulat
Ram College of the Delhi University in all the three years. She was
also awarded All India Post Graduate Scholarship for Instrumental
Music by the University of Delhi. She topped in M.A. (Instrumental
Music) and was awarded Lala Jugal Kishore Jagdish Prasad Memroial
Prize. She also completed here M.Phil from Delhi University in first
division. In 1995, two posts of Lecturer (Instrumental Music) in
Shyama Prasad Mukherjee College (for women) of the Delhi University
were advertised. Shruti Kalra applied for one of the posts and was
interviewed by the Selection Committee but was not selected."
http://www.rshrc.nic.in/htm/e-SpSagir-E%20II.htm
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search strategy:
"born with a" discrimination
"since birth" discrimination
I hope this helps. |