EEOC Files Suit against Airline for Alleged Disability Discrimination
A flight operations clerk was allegedly fired by an airline based in Tennessee for violating federal law by allegedly firing the operations clerk based on the worker’s disability of left knee arthritis.
The EEOC’s law suit (Case No. 2:09-CV-13300) filed in the U.S. District Court for the Eastern District of Michigan), states the airline terminated the worker because it believed she walked too slowly.
According to the EEOC, the employee spent the majority of her time performing administrative tasks requiring her to sit at a desk. She also performed some duties requiring her to walk between concourses.
A few weeks after being hired, the clerk developed pain in her left knee and was eventually diagnosed with arthritis. She was, however, able to continue working, although she used a cane and walked with a limp. Nevertheless, the airline fired her shortly after diagnosis, despite walking with a limp and using a cane for assistance. Nevertheless, Pinnacle fired her shortly thereafter.
This type of alleged conduct violates the Americans With Disabilities Act (ADA), which prohibits employers from discriminating against employees on the basis of disability.
The law suit was filed against the airline after the EEOC first attempted to reach a voluntary settlement. The agency seeks to recover monetary compensation for the worker in the form of back pay and compensatory damages for emotional distress and punitive damages.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.
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