The Pines of Clarkston Inc., part of a group of assisted-living facilities in southeastern Michigan, will pay $42,500 and provide other relief to settle a federal disability discrimination lawsuit filed by the US Equal Employment Opportunity Commission.
The agency has also sued Visalia, Calif.-based Magnolia Health Corp. and its affiliates, which operate health care and assisted-living facilities, alleging the systemic discrimination against a class of job applicants and employees due to their perceived or actual disabilities.
The Pines of Clarkston discharged the administrator at its newly opened assisted-living facility after a medical examination revealed her epilepsy, the agency said in a press release.
The alleged conduct violates the Americans with Disabilities Act. After first attempting to reach a pre-litigation settlement through its conciliation process, the EEOC sued the facility.
In addition to the monetary relief, a four-year consent decree provides for institution of policies regarding disability discrimination and training on the ADA and enjoins the company from terminating an employee on the basis of disability in the future.
The EEOC also contends that Magnolia Health had a practice of denying hire or accommodation to people with disabilities, and ultimately firing individuals who were regarded as disabled, had a record of a disability or had an actual disability.
The agency, after exhausting administrative attempts to resolve the case, it said, seeks backpay, compensatory and punitive damages on behalf of the class, along with injunctive relief to prevent and address disability discrimination.
“Requiring individuals to be free from any need for accommodation is a trend that the EEOC is seeing in our region,” said Anna Park, regional attorney for EEOC’s Los Angeles District.
“Employers must try to accommodate individuals with disabilities by exploring effective ways to allow them to work provided there is no undue hardship,” said Melissa Barrios, director for EEOC’s Fresno Local Office. “Employment decisions, such as denying hire or firing, that are made without engaging in that critical interactive process run afoul of the law.”
Eliminating barriers in recruitment and hiring, especially class-based recruitment and hiring practices that discriminate against racial, ethnic and religious groups, older workers, women, and people with disabilities, is one of six national priorities identified by the Commission’s Strategic Enforcement Plan.
