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.
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