DETROIT (Legal Newsline) — The U.S. Equal Employment Opportunity Commission announced Feb. 17 that Muskegon Family Care will pay $21,500 and furnish other relief after allegations of disability discrimination.

 

The EEOC had charged that Avis Lane worked for Muskegon Family Care as an outreach-enrollment coordinator. According to the EEOC, the company made her do a physical post-offer, pre-employment.

A medical specialist examined her and recommended she be put on a medical hold, and the company let her work for a month anyway, allegedly. After that month, however, the company allegedly fired Lane based on the recommended of the medical hold. Purported conduct of this nature violates the Americans with Disabilities Act.

 

"The court's decision highlights an employer's responsibilities to comply with federal anti-discrimin­ation laws," said Miles Shultz, trial attorney for the EEOC. "The ruling makes clear that an employer cannot hide behind a third party's recommendation without determining for itself whether the employee can actually do the job."

 

In addition to the monetary penalty, which will be relief for Lane, the company agreed to a three-year consent decree in which it must develop policies to better comply with the ADA. It will also must train employees once a year about anti-discrimination.

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U.S. Equal Employment Opportunity Commission
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