Temp agency faces ADA suit over on-the-job seizure — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Temp agency faces ADA suit over on-the-job seizure

by on
in Employment Law,Human Resources

Genie Temporary Services faces EEOC disability discrimination charges after it fired a temp em­­ployee who had an epileptic seizure at a client site in LaSalle.

After the man’s seizure, the client said it wanted to see a doctor’s note before allowing him to work additional shifts. He provided a note to Genie the next day, but says the temp agency quit assigning him to temporary jobs.

Effectively terminated by the temp agency, the man filed a complaint with the EEOC, claiming Genie’s inaction violated the ADA. When the EEOC’s mediation efforts failed, it filed suit on the man’s behalf in federal court.

Note: Once the man was medically cleared to return to work, the temp agency had an obligation to place him. The agency could have asked him whether he needed a reasonable accommodation.

Advice: Don’t give in to irrational fears about the safety of employees with epilepsy. In most cases, they are not permitted to operate machinery. But this case involved sorting ink and toner cartridges. Sometimes a medication adjustment is all that is necessary to control seizures. Rely on medical fact to make decisions on accommodations.

{ 1 comment… read it below or add one }

Greg Maser November 28, 2011 at 1:27 pm

Business Manages do everything they can to get rid of employees with epilepsy and never follow The ADA and EEOC policies for hiring the disabled. They all have lawyers saying that we are a “liability” and that they would not be covered if an injury to our self or to someone else occurred. The Comfort Inn, JCPenney’s, and The Fairfield Inn all got away with breaking the law when they told me to leave their employee because I had a seizure.

Reply

Leave a Comment