Tuesday, October 27, 2015

EEOC Sues Dallas-Based Business for Forcing Employee to Take Extended Leave Then Firing When Exceeded Company's Leave Policy

The Equal Employment Opportunity Commission ("EEOC") filed a lawsuit last week against Dallas-based, DAP Products, alleging they violated the Americans with Disabilities Act ("ADA") when it refused to allow a capable cancer-stricken employee to return to work and subsequently fired him because of his disability.  

From the EEOC's press release on the ADA claim:
According to EEOC's lawsuit, DAP discharged the employee from his position of production operator because of his prostate cancer, a physical impairment for which he underwent surgery. After a period of leave the employee was capable of safely continuing in his job, but DAP refused to allow him to return to work, and instead forced him to take extended leave. Then, after refusing to allow the employee to return, DAP fired him for having exceeded company leave limitations.

Such alleged conduct violates the Americans with Disabilities Act (ADA), which protects employees from discrimination based on their disabilities and requires employer to make reasonable accommodations for known disabilities. EEOC filed suit in U.S. District Court for the Northern District of Texas, Dallas Division (Equal Employment Opportunity Commission v. DAP Products, Inc., Civil Action No. 3:15-cv-3423-D) after first attempting to reach a pre-litigation settlement through its conciliation process. The agency seeks back pay and compensatory and punitive damages for the victim, as well as injunctive relief.

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