The Equal Employment Opportunity Commission (EEOC) has filed three new disability discrimination cases, charging employers in Georgia, Maryland, and Michigan with violating the Americans with Disabilities Act (ADA). The cases all rely on the broader and simplified definition of disability set forth in the 2008 amendments to the ADA.
In the Georgia case, a nationwide drugstore chain is charged with refusing to provide a reasonable accommodation: a stool to sit on: to a cashier with severely arthritic knees. The cashier had worked with the accommodation for seven years without incident, but lost the use of the stool when a new district manager took over.
In Maryland, the EEOC has sued a surveying company for discharging two long-term employees after they filled out health questionnaires. The company learned that the workers had diabetes and hypertension and selected them for a reduction-in-force while retaining less qualified employees without disabilities.
In the third case, a printing company is charged with firing one of its employees rather than allowing him to work part-time while being treated for cancer.
The EEOC says it conducted an administrative investigation in each case and attempted to reach a voluntary settlement prior to filing suit.