It is very important for employers to not engage in disability discrimination when making employment decisions, such as layoff decisions. Such discrimination can be extremely harmful to employees. No employee should have to worry that they will wrongfully lose their job because of a disability they have.
The man suffers from diabetes and kidney failure. Reportedly, one day, the man told the company that he would soon need dialysis due to his conditions. According to the U.S. Equal Employment Opportunity Commission, after the man told the company this, the company laid him off. Prior to getting laid off, the man had been with the company for 38 years.
The EEOC alleged that the company chose the man for the layoff because of his upcoming need for dialysis and, thus, that the company engaged in disability discrimination against the man.
In connection to these allegations, a lawsuit was brought in a federal court in Texas by the EEOC against entities which owned and operated the above-mentioned silk-screening company. According to a press release on the EEOC's website, the EEOC and the entities recently reached a settlement in regards to this lawsuit. Reportedly, as part of this settlement, the entities will make a monetary payment to the above-mentioned man.
Disability discrimination, like that which was alleged in this recently settled case, can cause significant harm to employees. Thus, one hopes that all employers make sure to avoid engaging in conduct like that alleged in this case.
Source: U.S. Equal Employment Opportunity Commission, "DuPriest and Sons To Pay $24,000 to Silk-Screener Fired Because of Disability," Oct. 19, 2012
Our firm handles a wide variety of employment law cases, including cases involving workplace discrimination and wrongful termination. To learn more about our practice, visit our Wisconsin wrongful termination page.