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Pepsi pays $120K to settle Hayward ADA lawsuit

by on
in Employment Law,Human Resources

Pepsi Bottling Group has agreed to settle an EEOC lawsuit filed on behalf of a truck driver at the company’s Hayward facility who claimed he was fired after requesting time off during a medical emergency.

Eldridge Davis will collect $120,000.

Pepsi said it terminated Davis for job abandonment and failure to follow the company’s attendance policy. But in his lawsuit, Davis claimed he had followed company procedures for notifying his supervisor that a disabling medical condition would prevent him from finishing a delivery route. The EEOC said that violated the ADA.

Final note: The EEOC has recently been very aggressive when it comes to time off as a reasonable ADA accommodation. Its position is that once FMLA leave expires, em­ployees who are disabled and unable to im­mediately return to work may be entitled to more medical leave or other accom­modations.

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