Golden Living Center, a nursing home in Dartmouth, faces an EEOC disability discrimination lawsuit in a case that highlights the difficulty of dealing with mental disabilities under the ADA. (See "5 questions & answers about accommodating mental disabilities" for more on this important topic.)
The EEOC filed suit against Golden Living after it fired a licensed practical nurse who requested a leave of absence to recover from a major episode of depression. Her condition was so severe that in 2009, she required hospitalization. Upon her release, she still needed time to recover at home.
Previously, she had informed her supervisor about her condition. Her husband also spoke with her supervisor and Golden Living’s executive director about the need for a leave of absence. The nursing home fired her instead.
The EEOC’s suit claims Golden Living violated the ADA by refusing to accommodate the nurse’s disability. The suit seeks back pay, compensatory damages and punitive damages, as well as injunctive relief.
Note: Employers that refuse an accommodation request must show the accommodation is an undue burden to them.
- Beware the fickle judgment of jury trials
- Firing a troublemaker? Focus on concrete business reasons
- Follow the discipline rules in your handbook to defeat discrimination claims
- What are our legal options? It turns out, an employee who is suing us was a thief!
- If employee won't admit disability, what are our reasonable accommodation obligations?