Physical Restriction Disability Bias Claim

In a July 29, 2009 Equal Employment Opportunity Commission (”EEOC”) Press Release, the federal agency announced that a food service company will pay more than $90,000.00 and offer jobs to discrimination victims to settle a class disability discrimination lawsuit brought by EEOC attorneys in Ohio.  According to the EEOC Press Release, the company violated federal law by allegedly failing to allow employees with disabilities to return to work without a fully duty, no-restriction doctor’s release.  In this regard, the EEOC asserted that this policy violated the Americans With Disabilities Act (”ADA”).  In addition, the EEOC said disabled employees who had been on leave and are able to return to work with some physical restrictions, but are still able to perform their jobs, should be allowed to do so.  Consequently, the consent decree settling the suit provides that the company will offer jobs to discrimination victims named in the decree.  See, http://www.eeoc.gov/press/7-29-09.html .

The EEOC enforces federal laws prohibiting employment discrimination and further information about the EEOC and the ADA Amendments Act of 2008 is available on the EEOC’s website at http://www.eeoc.gov/ada/amendments_notice.html .