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
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.