The EEOC has apparently decided to go after companies which allegedly violate the ADA, if yesterday’s blitz of new case filings is any indication.
In one case, the EEOC charged that a nationwide provider of concrete and masonry construction products discriminated against an employee who suffered an adverse reaction to her doctor-prescribed bipolar medication, and was required to take a drug test. When the medication was the only substances found in the test, she was fired immediately.
In two separate lawsuits, the EEOC charged that a health system company extended job offers to two women upon the condition that they complete medical examinations. One disclosed that she suffered from multiple sclerosis and the second disclosed that she had carpal tunnel disorder, both of which are disabling conditions. Following their medical exams, although both women were able to perform the essential functions of the jobs that they had been offered, the company rescinded the two job offers claiming they had failed to disclose their health conditions.
The EEOC sued a Texas company which required that an employee with a club foot work on his feet for hours on hard concrete, even though the employee and his physician had informed the company that such standing for more than one hour caused him severe pain and weakness. He was fired despite the fact that he provided the company with medical documentation to support his request for a reasonable accommodation.
Finally, the EEOC sued another Texas company which provides services for auctions and alternatives to home foreclosures because it denied an employee who suffered a stroke the reasonable accommodation of a modest extension of her leave time that was required by her disability.
Anyone care to venture a guess as to what’s on the EEOC’s agenda?