Outten & Golden LLP: Royal Caribbean Agrees to Entry of Judgment in Incapacity Discrimination Case | State
NEW YORK, July 12, 2021 / PRNewswire / – Opera singer Samuel Schultz announced today that its lawsuit against Royal Caribbean Cruises Ltd. (“Royal Caribbean”) has been terminated with Royal Caribbean’s consent to payment to him $ 300,000 plus legal fees and judging the court in his favor and against Royal Caribbean, according to Outten & Golden LLP and Scott, Wagner and Associates PA
Mr Schultz alleged that Royal Caribbean had violated the Americans with Disabilities Act and Florida Civil Rights Act when it withdrew its offer to hire him as an opera singer on one of its cruise ships because of his history of depression. Mr Schultz, in full remission for many years, claimed he was fully qualified and that Royal Caribbean’s decision was based on flawed and stereotyped beliefs that are illegal under federal and state law. Despite the fact that Royal Caribbean’s operations are largely in The United States, and the hiring process took place entirely on American soil, Royal Caribbean claimed that American anti-discrimination law was inapplicable because Mr Schultz’s work on board a foreign-flagged ship was supposed to be on the high seas. In an interim decision in 2020 The United States The district court handling the case largely dismissed Royal Caribbean’s argument.
Mr Schultz expressed great satisfaction that the matter has been resolved in his favor and looks forward to Royal Caribbean and other cruise lines operating in The United States Compliance with federal and state laws that protect employees from discrimination.
Mr. Schultz is represented by Outten & Golden LLP and Scott, Wagner and Associates PA
Outten & Golden Partner Kathleen Peratis, said, “This is a huge step in the right direction, pointing to a future in which cruise lines are operating in The United States are responsible under United States Anti-Discrimination Act. “
Partner of Scott, Wagner and Associates Lindsey Wagner said: “The Americans with Disabilities Act exists to ensure that harmful stereotypes do not prevent qualified people with, or perceived, disabilities from finding employment. This outcome should ensure those in need have a voice that is heard. “
During his application process at Royal Caribbean in 2018, Mr Schultz fully and truthfully disclosed that he had attempted suicide after being raped many years earlier. Mr Schultz made his rape allegation public later that year and he was the subject of widespread media attention and helped kickstart the opera’s #MeToo moment. Charges have been brought against the alleged rapists and are pending.
Mr Schultz claimed that the doctors chosen by Royal Caribbean for the medical examination of Mr Schultz would have found him fit and fully able to carry out all duties of his future occupation as long as his own doctor produced a medical certificate. Mr. Schultz’s own doctor, a very experienced and state-certified psychiatrist, gave the go-ahead. Nonetheless, according to Mr Schultz’s complaint, Royal Caribbean’s chief medical officer blocked Mr Schultz’s hiring because of false and biased beliefs about depression, remission and suicide. It was followed by this lawsuit, filed in the federal district court for the southern district of Florida.
The case is Samuel Schultz v. Royal Caribbean Cruises, Ltd., No. 18 Civ. 24023 in the U.S. District Court for the Southern District of Florida.
About Outten & Golden LLP
Outten & Golden LLP focuses on advising and representing individuals in employment, partnership and related labor law matters at home and abroad. The law firm advises individuals on employment and termination agreements; handles complex compensation and performance matters (including bonuses, participation agreements and participations); and advises professionals (including doctors and lawyers) on contractual issues. He also represents employees with a variety of claims, including discrimination and harassment based on gender, sexual orientation, gender identity and expression, race, disability, national origin, religion and age, and retaliation, whistleblower and contractual claims. The firm handles class actions involving a wide range of employment issues, including economic exploitation, gender and racial discrimination, violations of wages and hours, violations of the WARN Act, and other systemic labor rights issues.
Outten & Golden has nine practice groups: Executives & Professionals, Financial Services, Sexual Harassment & Sex Discrimination, Family Responsibilities & Disability Discrimination, Lesbian, Gay, Bisexual, Transgender & Queer (LGBTQ) Workplace Rights, Discrimination & Retaliation, Whistleblower Retaliation, Class & Class Actions and WARN Act.
Outten & Golden has offices in New York, San Francisco and Washington, DC
More information is available at www.outtengolden.com.
MEDIA CONTACT: Kathleen Peratis, Outten & Golden LLP, 646-265-9664.
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SOURCE Outten & Golden LLP