December 6, 2010

Another ADA Violation and Settlement

National Waste Removal Firm IESI recently settled a disability discrimination case brought by the EEOC on behalf of one its former employees. Truck driver Ronald Harper lost his job when his new supervisor found out that he's dyslexic. Dyslexia is a learning disability that causes sufferers to inappropriately or unsuccessfully interpret graphic symbols when reading. Jay Leno often famously and openly discusses his own dyslexia in the media.
Harper was able to perform the essential functions of his job, but just four hours after informing a new supervisor that he was dyslexic, the supervisor fired Harper because he said he didn't want Harper's dyslexia to cause him to "see things swirly" and cause an automobile accident.
The supervisor's perceptions of Harper's disability obviously had no basis in fact or reality. Further, it's a blatant violation of the ADA to terminate an employee because of a perceived or actual disability, especially in cases where the employer fails to engage in the "interactive process" to accommodate disabilities.

The ADA protects employees with physical and mental disabilities, including learning disabilities. Rather than appear before a jury, IESI admitted it discriminated, agreed to pay $95,000, and will institute several policy changes to prevent discrimination in the future.

5 comments:

  1. This is a very interesting post. I myself am on Long Term Disability. I practiced medicine for over 20 years. After an unexpected accident, I have been unable to get to the office for a year now. I'm grateful for my disability insurance, so that I can pay for my medical bills and still support my family.

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  2. Thanks so much for sharing! I hope this will be avoided next time. Ronald Harper didn't deserve to lose his job and the people who supported him did the right thing!

    Alana Gorecki

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  5. Great! I hope this should be avoided next time. Make a support and save your job.

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