Employer to pay $58,000 to settle disability bias suit over ‘health warranty’
Posted February 9, 2012
A Maryland health magazine will pay $58,000 and furnish other relief to settle a disability discrimination lawsuit filed by the U.S Equal Employment Opportunity Commission (EEOC), the agency announced February 7.
In its suit, the EEOC said that the employer had a policy of forcing employees to sign a “health warranty” certifying their health and that they did not use medications. The EEOC also charged that the company harassed and then unlawfully fired an employee who had attention-deficit/hyperactivity disorder and auditory processing disorder.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which makes it unlawful to discriminate against a qualified individual with a disability and specifically provides that employers may not ask job applicants and employees about the existence, nature, or severity of a disability.
The consent decree settling the suit provides monetary relief of $58,000 to the fired employee and enjoins the company from continuing its “health warranty” policy. The decree contains a three-year injunction with continuing jurisdiction provisions to enable the EEOC to ensure that the employer will comply with the ADA.
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