Mankato-based Baywood Home Care faces a charge that it discriminated against a home health care aide who has fibromyalgia and osteoarthritis. The EEOC has filed suit against the company, alleging it relied on stereotypes of disabled persons when it decided to fire the woman.
The EEOC contends that, despite her condition, the woman was able to perform her duties, including washing dishes, cleaning, vacuuming and doing laundry. The suit maintains that Baywood had no problems with her work until co-workers observed her using a cane. Shortly afterward, she was terminated.
The lawsuit alleges Baywood re-garded the aide as disabled when she was not and failed to consider possible accommodations. The suit seeks back pay, compensatory and punitive damages, as well as injunctive relief.
- Go for the gold: Craft waivers that release you from all lawsuits
- Document why you fired worker, even in cases where rationale seems crystal clear
- Hiring preferences OK, not evidence of discrimination
- Candidate extra-qualified? Make a note of it
- Look beyond employee's VA disability status to determine if he's disabled under ADA or state law