The EEOC is suing ENGlobal Engineering, based in Houston, for disability discrimination after the company fired a worker with multiple sclerosis.
According to the lawsuit, safety supervisor Jeff Rose was diagnosed with MS approximately one month after being hired in August 2007.
Rose alleges that a regional manager told him the company didn’t “want to deal with his disability,” and urged him to take a medical leave.
Rose agreed, although he insisted he was capable of working.
A few weeks later, Rose presented a medical certification saying he could return to work without restrictions. The company allegedly told him his position was no longer available. ENGlobal terminated Rose several days later.
According to the EEOC, Rose’s position remained vacant for less than a month before ENGlobal hired a nondisabled person to fill the job.
The EEOC suit alleges violations of the ADA, and seeks almost every possible kind of compensation: back pay, interest, lost wages, front pay, out-of-pocket expenses, court costs, punitive damages and damages for emotional pain and suffering, inconvenience and mental anguish.
- Make sure everyone knows to process legal docs ASAP
- When posting jobs, spell out negatives as well as positives
- Supervisor's ignorance of the law isn't enough to justify punitive damages award
- Learn hotel's lesson: Don't require English at all times
- No need to reinstate if disability leave extends past FMLA