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Newsletter #63 August 8, 2019 |
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| Trucking Company's 'Inflexible Leave Policy' Application Violated Disability Discrimination Laws, EEOC Says
By Lisa Burden
Dive Brief:
- One of the largest tank truck carriers in the United States violated federal law when it "applied its inflexible leave policy" to fire two employees with disabilities who had exhausted their medical leave, the U.S. Equal Employment Opportunity Commission alleged in a lawsuit.
- The EEOC says one of the company's employees, a Florida-based mechanic, needed additional leave beyond the 12 weeks allowed under the Family and Medical Leave Act (FMLA) to take care of a staph infection that required surgery. Another employee, a Houston-based truck driver, required additional leave because of complications from pneumonia. The workers were at home recovering when they received word that they had been fired, according to the federal agency. Both employees required "just a few more weeks of leave," EEOC said.
- The alleged conduct violates the Americans with Disabilities Act (ADA), which protects employees from discrimination based on their abilities when they can perform the essential functions of their job with a reasonable accommodation, such as additional medical leave, EEOC said in court papers. The EEOC has asked for back pay, compensatory and punitive damages and injunctive relief.
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