A federal judge has denied a motion to dismiss a claim of disability harassment against an employer whose CEO is accused of referring to an employee who walks with an abnormal gait as a result of a stroke as “a cripple.” The EEOC’s lawsuit also claims the CEO also mockingly imitated the way she walks, and told her that she was being a “hysterical basket case” when she objected to that treatment. (EEOC v. Mont Brook, Inc. d/b/a The Cleaning Authority of Plainfield)
The lesson: Besides being cruel and heartless, such behavior is illegal.
- Not rehiring FMLA leave-taker? Document why
- Experience isn't the only valid job qualification
- Expressing concern about employee's condition isn't enough to show disability discrimination
- Equal enforcement keeps juries from wondering about bias
- When the riffed 'group' is just one worker, expect a lawsuit