Health Services Provider to Pay $45,000 to Settle EEOC Disability Discrimination Suit

Source: U.S. Equal Employment Opportunity Commission (EEOC)
Refused to Rehire Employee with Record of Disability, Federal Agency Charged
DETROIT – A Saginaw, Mich.-based health services provider will pay $45,000 and furnish other relief to settle a disability discrimination lawsuit brought by U.S. Equal Employ­ment Opportunity Commission (EEOC), the agency announced. The EEOC had charged the company unlawfully refused to return to work an employee with a record of depression even though she had completed a course of treatment and had been approved to return to work. 
According to the EEOC’s lawsuit, Linda Perry was a capable nurse for more than five years with the company, but they refused to return her to work after a leave of absence because of her history of major depression. Such alleged conduct violates the Americans With Disabil­ities Act (ADA). 
As part of the consent decree resolving the suit (entered by Judge Thomas L. Ludington), the company will pay $45,000 to Perry. The company also agreed to imple­ment disability discrimination policy changes and to provide training to all of its management and supervisory employees regarding the ADA. 
“We are pleased with the relief provided by the consent decree,” said Dale Price, the EEOC attorney who handled the case. “It provides meaningful relief to Ms. Perry and protections for the employees of (the company). It also reminds employers they cannot make employment decisions based on fears and stereotypes about people with mental illness.”
The EEOC is responsible for enforcing federal laws against employment discrimination.  Further information is available at www.eeoc.gov.
For more information on employment discrimination laws or to protect your company from potential liability, please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.