Diallo’s, a Houston nightclub and party venue, has agreed to pay $139,366 to resolve charges it violated the ADA when a manager required an employee to provide medical documentation proving she was not HIV-positive. She was fired when she refused.
The EEOC sued on the woman’s behalf. A federal judge filed a default judgment against Diallo’s after the EEOC presented its evidence. The lawsuit sought $89,366 in back pay and economic losses for the employee, plus $50,000 for pain and suffering. Diallo’s now will cooperate in establishing policies and procedures aimed at preventing future ADA violations.
Advice: Prevent fiascos like this one by insisting that someone from HR sign off on every termination.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- High court: Weingarten rights stand; state family leave case on docket
- Rejecting job redesign for disabled employee? Document why it would be unreasonable
- Supreme Court: King v. Burwell & Obergefell v. Hodges
- Adding an arbitration agreement? Make it retroactive