Employers are not allowed to terminate an employee based on his or her disability status under the Americans with Disabilities Act, but one Texas man believes that it happened to him. The EEOC has filed a lawsuit against Texas-based ready mixed producer OK Concrete, contending that the company committed disability discrimination by terminating the employee in 2012.
The employee worked as a mixed truck driver for the company and shortly after completing his training, he informed his superiors that he would need a few days off once his health insurance kicked in to combat prostate cancer. Within hours of asking for the time off, the man was fired.
"An employee should feel comfortable disclosing his or her disability to a supervisor without fear of being fired as a result,” said EEOC’s Meaghan Shepard. The EEOC attempted to settle with OK Concrete, but filed a lawsuit after receiving no response. The employee is seeking back pay, compensatory and punitive damages plus injunctive relief.
Cancer and the Americans with Disabilities ActDespite a significant increase in survival rates for various forms of cancer, people with the condition still experience barriers to equal work opportunities. Supervisors and co-workers often form misconceptions about the sufferer’s ability to work during and after treatment. Even with a good prognosis, employers may still expect that the diagnosed employee will take extended leave from work or be unable to focus on duties.
If you have lost your job over your disclosure of a disability, it would be best for you to speak with an employment law attorney.
Atkerson Law – Dallas Employment Law Attorney