LOS GATOS EMPLOYEE SETTLES DISABILITY DISCRIMINATION LAWSUIT AFTER BEING FIRED WHEN HER SUPERVISOR DISCOVERED HER LEFT ARM WAS PARALYZED.
A former employee of the Los Gatos solar power company, Akeena Solar, agreed to pay $30,000 to settle a disability discrimination lawsuit brought by the Equal Employment and Opportunity Commission (EEOC). The EEOC alleged that the employee’s supervisor fired her within hours of her first day after discovering her left arm was paralyzed. The employee was hired as a payroll/accounts technician. According to the EEOC, the worker was completely qualified and capable of performing the essential functions of her job, regardless of her disability.
The Americans with Disabilities Act (ADA) is a federal law in place that protects individuals from disability discrimination. This act prohibits employment discrimination against workers in government, public, and private sector jobs. The ADA applies to employers with 15 or more employees. Under the ADA, disability discrimination occurs when an employer treats a qualified individual with a disability unfavorably because he/she has a disability. Disability discrimination is prohibited in relation to any aspect of employment, including hiring, firing, pay, job assignments, layoffs, job training, etc.
In addition, employers are required to make reasonable accommodations for employees or job applicants with disabilities. The employer is only exempted from this requirement if the accommodation would pose an undue burden on the company. An “undue burden” is typically something that would impose a significant expense on the employer. Some examples of “reasonable accommodations” include things such as making the workplace wheelchair accessible or providing a reader or interpreter for someone who is blind or hearing impaired. If you have been a victim of employment discrimination, get help immediately. Contact our skilled team of lawyers at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you.
