• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Using prison labor? You’re not an ‘employer’ under ADA

by on
in Discrimination and Harassment,Human Resources

Absent limited circumstances, a private employer using prison labor probably isn’t required to provide reasonable accommodations under the ADA.

Recent case: William was serving a 10-year sentence for theft and had to perform 40 hours of “hard labor” each week. The prison assigned him to pick tomatoes for a private em­­ployer at $2.25 per hour.

While working, William claimed he suffered severe pain in his leg and demanded reasonable accommodations. The employer refused and William sued both the prison and the private company, alleging failure to accommodate.

The court said the company wasn’t a covered employer under the ADA since it didn’t technically employ William. His labor belonged to the prison, since that was part of William’s sentence. (Castle v. Eurofresh, et al., No. 11-1794, 9th Cir., 2013)

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/37016/using-prison-labor-youre-not-an-employer-under-ada "

Leave a Comment