Personal Touch Home Care Settles Discrimination Lawsuit
Personal Touch Home Care pays $35,000 to settle an Americans With Disabilities Act ("ADA") lawsuit. The discrimination lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") after settlement talks broke down. According to court documents, Pamula Calfee was fired because of her disabilities. The disabilities included renal failure, chronic obstructive pulmonary disease and asthma. An employer has to make a reasonable accommodation for someone who has a disability. Calfee was employed for many years and had no problems performing her job.
It is unfortunate that employers still don't treat employees correctly. Employees have rights and when those rights are taken away, employment lawyers can file discrimination claims with agencies like the EEOC. In Chicago, I prefer to file claims like this with the Illinois Department of Human Rights ("IDHR"). The advantage of filing with the IDHR is that they cross-file with the EEOC on overlapping claims and they investigate within one-year. The EEOC usually doesn't investigate discrimination claims within one-year. This case is a good illustration of why an employer should just make reasonable accommodations for a disabled employee.
“Treating an employee badly based on a physical impairment violates the very core of the ADA, and the EEOC will continue to fight for the rights of disability discrimination victims,” said EEOC attorney Laurie Young.