In one day, the Equal Employment Opportunity Commission (EEOC) filed four Americans with Disabilities Act (ADA) lawsuits. The ADA prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities.
Aurora Health Care: Aurora Health Care operates in eastern Wisconsin and northern Illinois. According to the EEOC, Aurora violated the ADA when it rescinded job offers to two job applicants after the company discovered the job applicants had disabilities. One applicant was afflicted with multiple sclerosis, while the other had carpal tunnel disorder. Because neither disability prevented the applicants from performing the essential functions of the jobs they had been offered, neither applicant disclosed their health conditions. Under federal law, an employer can require a job applicant to undergo a medical examination once the applicant receives a job offer. However, the medical examination can’t then be used to discriminate against job applicants with disabilities.
Dayton Superior Corporation: Dayton Superior Corporation provides concrete and masonry construction products. In 2011, one of the company’s quality control lab technicians had an adverse reaction to prescribed medication she took to control her bipolar disorder. Dayton ordered the employee to take a drug test. Though the drug test showed the only substances in the employee’s system were the medications prescribed to treat her bipolar disorder, the employee was terminated soon after the test results came back. “When employers administer drug tests, they must be mindful that the use of legitimate medications to treat recognized disabilities must not be held against employees or job candidates,” said EEOC Regional Attorney Robert K. Dawkins.
Luminant Mining and REDC Default Solutions: According to the EEOC, these two Texas companies violated the ADA by refusing to provide reasonable accommodations to employees with disabilities. Luminant required an employee, with a club foot, to stand and work on his feet on hard concrete for hours, even though standing caused him severe pain and weakness. When the employee provided Luminant with medical documentation to support his request for a reasonable accommodation, Luminant fired him. When one of REDC’s employees suffered a stroke, she took FMLA leave. After the employee gave REDC a physician’s note that stated when she could return to work without restrictions, REDC fired Wiley.
Twenty-four hours after these four cases, the EEOC continued its attack on potential ADA violators by filing suit against the Bobby E. Wright Comprehensive Behavioral Health Center. According to the suit, the Chicago health center that provides services to persons with mental health, behavioral, emotional, and substance abuse problems, first refused to accommodate, then later fired an employee who asked for time to receive depression and panic attack treatment.
The Las Vegas law office of Lagomarsino Law did not represent anyone involved in any cases that may be referenced above. This commentary is for educational purposes. If you would like to be represented by an attorney in our Las Vegas office, contact our office for a free confidential case review and receive a response within 24 hours. Call Toll Free 866-414-0400.