South Basin Packing will pay $80,000 to settle an Americans With Disabiliy Act ("ADA") discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC"). According to published accounts South Basin fired a worker immediately after he informed the company of his recent diagnosis for a chronic medical condition. This is a violation of the ADA because employers by law are required to make reasonable accommodations for an employee disability.
In Illinois my office is seeing an increase in the number of ADA claims filed by employees. Of course I am seeing an increase in all types of employment discrimination lawsuits. It seems that employers are forgetting about how to properly treat employees and they are disregarding the law. There could also be a claim for retaliation if the employee is terminated for complaining about an ADA related issue.
EEOC atorney William R. Tamayo said, “This settlement should emphasize to employers that hiring and firing decisions must be based on facts -- whether or not an applicant or employee has the ability to do the job -- and not fears concerning disability.”