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Lowe’s must pay after yanking ADA accommodation

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in Employment Law,Human Resources

Lowe’s Home Centers has agreed to pay $55,000 to settle charges it violated the ADA when it demoted a supervisor at its store in Cleburne, Texas.

The supervisor lost the use of his right arm following a spinal injury.

Despite having the disability, Lowe’s promoted him to supervisor in 2008, letting him delegate operations that required two hands to other workers.

In 2015, Lowe’s told him it could no longer grant the accommodation that had been in place for more than six years. It demoted him and cut his pay by more than $4 per hour.

He filed an EEOC complaint alleging that Lowe’s violated the ADA.

The EEOC filed suit on his behalf after efforts to resolve the dispute through the commission’s conciliation process failed.

In addition to the monetary benefits, Lowe’s agreed to a three-year consent decree under which the company will train appropriate personnel at the Cleburne store about the ADA.

Note: Rescinding a previously successful ADA accommodation is almost guaranteed to attract the EEOC’s attention.

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