The Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Trinity Home Health System member Mercy Hospice because of their refusal to provide a reasonable accommodation to a disabled nurse, Patricia Barriger. The Mercy Hospice later fired Barriger. Barriger tried to return to work from a medical leave of absence. Instead of providing her with a reasonable accommodation, the company discharged her because, according to the company, she was an inactive employee who was not entitled to an accommodation. The EEOC filed a disability lawsuit against the company. Full article.
Refusal to hire a qualified individual due to his disability violates the Americans with Disabilities Act (ADA). The Americans with Disabilities Act prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. The ADA does not specifically name all of the impairments that are covered, but common examples of disabilities include confinement to a wheelchair, reliance on assistive devices such as canes and walkers, blindness, deafness, a learning disability, and certain kinds of mental illness. The ADA states that a business entity shall not discriminate against a qualified individual with a disability. This applies to job application procedures, hiring, advancement and discharge of employees, workers’ compensation, job training, and other terms, conditions, and privileges of employment. For more information: ADA Website
Leeds Brown Law P.C. practices in matters of employment discrimination throughout Long Island and the New York City area. For more information, contact Leeds Brown Law P.C. at 1-800-585-4658 for a free consultation.