The EEOC has sued Hamilton-based Personal Touch Home Care, claiming it violated the ADA by failing to accommodate employee Pamula Calfee, who suffered from renal failure, chronic obstructive pulmonary disease and asthma.
The EEOC says Personal Touch fired Calfee even though she could still perform her job’s essential functions.
The EEOC’s suit in federal court seeks back pay and compensatory and punitive damages for Calfee. It also asks the court to issue an injunction prohibiting further disability discrimination, and requiring the company to train managers and supervisors on disability discrimination.
Advice: Tread carefully if one of your employees is disabled. Always remember to evaluate the employee’s current health condition, not what you think the condition may be like in the future. If the employee can perform the job’s essential functions with or without reasonable accommodation, she’s protected by the ADA.
- Employer learns bipolarism is ADA-disability protected
- Contract requires lengthy advance notice of resignation? It may not be valid
- Defying expectations: Why failing to live up to stereotypes won't make worker's suit a winner
- Rite-Aid, ex-worker settle disability lawsuit for $250K
- Congress, EEOC look into tightening age-bias law