Disabled Child Employment Discrimination Lawsuit

The United States Equal Employment Opportunity Commission (EEOC) is a federal agency which enforces federal laws prohibiting employment discrimination, including discrimination based upon disability.  In a press release at http://www.eeoc.gov/eeoc/newsroom/release/2-8-10.cfm , EEOC lawyers announced filing of a federal employment discrimination lawsuit against a global manufacturing company which the EEOC alleges violated federal law when it refused to hire an employee for a full-time position as a process technician because of her gender and because she is the mother of a disabled child.  According to the February 8, 2010 press release, the company violated the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964 by refusing to hire the mother of a disabled child for a full-time position in 2007.  EEOC lawyers contend in the case that the disabled child’s mother had worked at a company facility as a part-time process associate for four years but was refused a full-time position due to concerns about her ability to work full-time and care for a disabled child.  The EEOC asserted that the company’s conduct violated the ADA, which protects employees from discrimination based on association with people with disabilities, and Title VII, which prohibits discrimination based upon sex. 

An EEOC lawyer quoted in the press release stated that “Under the ADA and Title VII, employers cannot make employment decisions based on stereotypical assumptions that a female employee with a disabled child would have to miss work or could not perform the job because the employee provides care for a disabled person.”  EEOC lawyers filed the employment discrimination lawsuit after first attempting to reach a voluntary out of court settlement with the company.  Further information about the EEOC and the laws it enforces is available at www.eeoc.gov . 

Whether employment related discrimination against individuals associated with a disabled person or child occurs in Conroe, Houston, Texas City or elsewhere, victims of ADA discrimination may contact the EEOC and a lawyer to determine if a disability discrimination lawsuit is ultimately appropriate under the particular circumstances and facts of the potential unlawful employment practice claim.