Healthcare company sued for not even discussing accommodations

The Equal Employment Opportunity Commission charges a healthcare company with discrimination when it fired an occupational therapist who could not drive due to a seizure disorder. According the lawsuit, filed in the U.S. District Court for the Eastern District of Michigan, Alternate Solutions violated federal law, the Americans With Disabilities Act (ADA) when it terminated the employee instead of finding a solution to accommodate her disability. 

Employee requested accommodations – instead, she was fired  

The problem began in February 2021 when the employee of Alternate Solutions suffered a grand mal seizure. The employee was diagnosed with a brain tumor and seizure disorder, but she was cleared to perform all aspects of her job as an occupational therapist. However, she was not allowed to drive a car.

Alternate Solutions is a company that provides home health care to patients in their own home. The employee requested to use a ridesharing service to go to patient’s homes. The request was denied, then the employee was terminated. 

EEOC contends Alternate Solutions violated the ADA 

The ADA prohibits employers from discriminating against employees with disabilities. According to the EEOC’s press release, they tried to reach a settlement before filing the lawsuit. The EEOC is seeking back pay for the employee, compensatory and punitive damages, and injunctive relief that would prevent future discrimination. This case is still pending, and it could take a year or more before it is settled. 

Don’t violate the ADA 

This case is a good reminder to not dismiss employees when they need an accommodation for a disability. Your business may not have to accept the first proposed accommodation, but you do have to enter the discussion to find a solution. Terminating an employee instead of trying to find the right fit may get you into trouble with the EEOC, the federal agency that enforces federal anti-discrimination laws. For more information about disability resources in the workplace, check out this list from the EEOC.