MILWAUKEE — A federal agency has filed a lawsuit against the purchaser of Time Warner Cable, Charter Communications LLC, for allegedly moving an employee with night blindness and cataracts back to an evening shift in violation of the Americans with Disabilities Act (ADA).
According to a lawsuit filed by the U.S. Equal Employment Commission (EEOC) in U.S. District Court for the Eastern District of Wisconsin, Charter Communications took away the vision-impaired employee's accommodation by returning him to the later shift without consulting the worker about further needs and accommodation.
"The ADA requires employers to accommodate disabled employees who are qualified to do their jobs," EEOC Chicago District regional attorney Gregory Gochanour said in a statement. "The only exceptions are when the accommodation would create a safety threat to the employee or others or pose an undue hardship to the employer. The EEOC will prove in court that none of those exceptions applied here and that Charter should have continued to accommodate its employee."
"The ADA requires employers to consult with disabled employees who request help to find a reasonable way to accommodate them so they can do their jobs," added EEOC Chicago District director Julianne Bowman. "The EEOC found during its investigation that Charter only granted a one-month shift change without consulting the employee about his needs."
The EEOC seeks punitive damages and a permanent injunction prohibiting Charter Communications from future discrimination.