Real Estate Auction company, REDC Default Solutions in Irvine, California will pay $50,000 to settle a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission (EEOC) following allegations that they unlawfully failed to accommodate a disabled worker. (Civil Action No. 3:12-cv-03885-D in U.S. District Court for the Northern District of Texas).
According to the EEOC, Asset Manager, Terria Wiley went out on medical leave in March 2011 after suffering a stroke. Wiley promptly submitted a note from her doctor indicating a specific date when she would be able to return to work without restrictions. However, the EEOC charged that instead of granting the leave as a reasonable accommodation, REDC fired her.
Refusing to grant a reasonable accommodation to an individual with a disability violates the Americans with Disabilities Act (ADA).
"The EEOC brought this lawsuit because the company was unwilling to be flexible and reasonable in considering Ms. Wiley's request for an extended leave period," said Robert A. Canino, regional attorney for the EEOC. "Federal law gives employees with disabilities, like Ms. Wiley, a means to continue their employment with the benefit of an accommodation."
EEOC Trial Attorney Meaghan L. Shepard said, "Accrued paid leave or additional unpaid leave can be a reasonable accommodation under the law. Ms. Wiley was able to come back and do her job at REDC, and simply required a short amount of additional time to recover from her stroke before she could do so. We are pleased to get this case settled so favorably for her."
If you have been discriminated against or wrongfully terminated, please give my office, The Law Offices of Todd M. Friedman a call at (877) 449-8898.