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You are here: Home / ADA (Americans with Disabilities Act) / Should Record of Depression Prevent You From Working

Should Record of Depression Prevent You From Working

July 19, 2010 By //  by Rebecca Shafer, J.D. Leave a Comment

The EEOC charged Health Delivery Inc. stating the firm unlawfully refused to return to work an employee with a record of depression even though she completed a course of treatment and was approved to return to work.

 

 

The Michigan health services provider will pay $45,000 and furnish other relief to settle a disability discrimination lawsuit brought by U.S. Equal Employment Opportunity Commission (EEOC). (WCxKitz)

 

 

According to the EEOC’s lawsuit (Case No. 2:09-cv-13837 in U.S. District Court for the Eastern District of Michigan), the employee was a capable nurse for more than five years with Health Delivery, but the company refused to return her to work after a leave of absence because of her history of major depression, thus allegedly violating the Americans with Disabilities Act (ADA).

 

 

As part of the consent decree resolving the suit (entered by Judge Thomas Ludington), Health Delivery will pay $45,000 to the nurse. Health Delivery also agreed to implement disability discrimination policy changes and to provide training to all of its management and supervisory employees regarding ADA policies. (WCxKitz)

 

 

“We are pleased with the relief provided by the consent decree,” said Dale Price, the EEOC attorney who handled the case. “It provides meaningful relief to our client and protections for the employees of Health Delivery. It also reminds employers that they cannot make employment decisions based on fears and stereotypes about people with mental illness.”

 

 

Author Rebecca Shafer, President, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: Info@ReduceYourWorkersComp.com or 860-553-6604.

 

 


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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers’ comp issues.


©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com

 

Filed Under: ADA (Americans with Disabilities Act), EEOC Discrimination Laws, Employment Law Issues Tagged With: Depression, EEOC Discrimination Laws, Legal Issues: Employers & Employees

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