EEOC Settles Disability Discrimination Lawsuit with Printing Company
November 23, 2011
The U.S. Equal Employment Opportunity Commission (EEOC) recently settled a disability discrimination lawsuit that our Carson employment attorneys have been following, after Journal Disposition agreed to pay $55,000 to settle the suit.
Journal Disposition is the former operator of a full-service print, distribution and manufacturing company, called IPC Print Services, that according to the EEOC disability discrimination lawsuit, wrongfully terminated a long-term employee due to his disability. The lawsuit states that after the employee was diagnosed with cancer, he used up the maximum amount of time available under the company's short-term disability insurance policy--which reportedly provides 26 weeks of leave within a rolling 12-month time period.
Before exhausting his work leave, the employee returned back to his job, and began working part-time, while going through rounds of chemotherapy--performing all of the necessary job functions required in his position. When his employee benefits were used up, the company terminated his employment with the understanding that such an action would make him available for rehiring once he was able to work again full-time again.
Before his firing, the employee reportedly made a request for reasonable accommodation to be able to continue working part-time until his chemotherapy treatments ended, in a projected five month period. The printing company reportedly acknowledged the request, but applied the policy regardless of the reasonable nature of the accommodation request, of his ability to perform the job, or whether the request provided any undue hardship on the company's operations.
As our Santa Ana employment lawyers blog recently discussed, under the Americans With Disabilities Act (ADA) it is against the law to discriminate against qualified employees with disabilities in the workplace. Under the ADA, employers are expected to provide a reasonable accommodation to a disabled worker, unless the employee's disability creates an undue hardship on the business operations of the employers.
The employee will be paid $55,000 for the disability discrimination violation. The EEOC stated that when a qualified employee makes a reasonable accommodation request for a disability, the employer is legally obligated to consider and evaluate the request. According to the lawsuit, the company failed to reasonably accommodate the employee's disability, which violated the ADA--even though the employee was eventually rehired.
At Howard Law, PC in Anaheim, California, our seasoned attorneys and professionals can help you with your disability discrimination issue. Contact us today for a free consultation at 1-800-872-5925.
Journal Disposition Settles EEOC Disability Discrimination Lawsuit, November 17, 2011
Facts About the American's with Disabilities Act, U.S. Equal Employment Opportunity Commission, EEOC
About the EEOC, U.S. Equal Employment Opportunity Commission, EEOC
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