Arthritis Discrimination Lawsuit

The Arthritis Foundation offers information to the public concerning arthritis, stating in its website that arthritis is often referred to as if it were a single disease.  However, arthritis is actually an umbrella term used for a group of more than 100 medical conditions which collectively affect nearly 46 million adults and 300,00 children in America alone.  See, http://www.arthritis.org/what-is-arthritis.php .  Osteoarthritis is the most common form of arthritis.  Basically, the common thread among these 100-plus conditions is that they all affect the musculoskeletal system and specifically the joints - where two or more bones meet.  Symptoms can include pain, stiffness, inflammation and damage to joint cartilage and surrounding structures.  The Foundation indicates that arthritis-related conditions primarily affect the muscles and bones and can impact basic daily activities like using a computer keyboard, cutting food and walking.

In this regard, the U. S. Equal Employment Opportunity Commission (”EEOC”) announced in an August 26, 2009 Press Release that it filed a federal disability discrimination lawsuit against an airline.  More specifically, the EEOC lawsuit charges that the airline violated federal law by firing a flight operations clerk on the basis of her disability, left knee arthritis.  See, http://www.eeoc.gov/press/8-26-09c.html .  As stated in the Press Release, EEOC attorneys claim in the case that the company fired an employee because the company believed she walked too slowly.  According to the Press Release, the employee developed pain in her left knee a few weeks after she was hired and was eventually diagnosed with arthritis.  The EEOC said she was able to continue working despite walking with a limp and using a cane for assistance.  In addition, the Press Release describes her work duties as involving administrative tasks which required her to sit at a desk the majority of the time, though she did perform some duties which required her to walk between concourses at an airport.  Nevertheless, the company fired her.  The agency said this type of alleged conduct violates the Americans With Disabilities Act, which prohibits employers from discriminating against employees on the basis of disability.  For its own part, the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including disability discrimination.  An EEOC trial attorney quoted in the Press Release said “Federal law protects people from discrimination on the basis of disability [and] companies are not entitled to allow ill-conceived perceptions of disabilities to guide their personnel decisions.” 

Further information about the EEOC and disability discrimination is available in the federal agency’s website at www.eeoc.gov . 

Whether arthritis related workplace disability discrimination occurs in Houston, Texas or elsewhere, victims of unlawful employment discrimination may contact the EEOC and an attorney to determine if a disability discrimination lawsuit is ultimately appropriate under the particular facts and circumstances of the potential workplace arthritis discrimination claim.