Mississippi Discrimination Lawsuit

The U. S. Equal Employment Opportunity Commission (”EEOC”) announced in an August 26, 2009 Press Release that a restaurant in Lucedale, Mississippi will pay $22,000.00 in compensatory damages and furnish remedial relief to settle a disability discrimination lawsuit brought by EEOC attorneys in Mississippi.  See, http://www.eeoc.gov/press/8-26-09d.html .  According to the EEOC Press Release, the federal agency had charged that the company unlawfully fired an employee after learning she had experienced an epileptic seizure at home.  As stated in the Press Release, the Lucedale fast food restaurant terminated her after she presented a return-to-work slip which revealed her condition, saying it was unsafe for her to work in the restaurant around knives, ovens and other equipment due to her medical condition.  However, the EEOC alleged that she had several years of experience working in fast food restaurants and the company made no effort to determine whether her medical condition would restrict or impede her ability to work.  Further, the EEOC contended that the company made no effort at providing a reasonable accommodation.   An EEOC attorney quoted in the Press Release said the employee “was performing her job successfully and should not have been fired.”  In this regard, the Americans With Disabilities Act prohibits employers from making employment decisions that are based on misconceptions, assumptions or beliefs about an individual’s medical condition, and the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including work-related disability discrimination.  Further information about the EEOC is available at www.eeoc.gov .