Bloomington, Ind.-based senior living community operator Heart of CarDon LLC has been sued by the U.S. Equal Employment Opportunity Commission (EEOC) by refusing to accommodate a qualified employee with a disability, which resulted in the employee losing her job.
According to the EEOC’s lawsuit, Heart of CarDon determined that an employee at its Rawlins House facility, in Pendleton, Ind., could no longer perform the essential functions of her certified nursing assistant job after a work injury resulted in lifting restrictions.
The employee expressed interest in several jobs she could have performed without violating her lifting restrictions, but Heart of CarDon refused to transfer her to a vacant position for which she was qualified, the EEOC said.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits employers from failing to consider reasonable accommodations for employees with a disability. The EEOC filed suit (Case No. 1:20-cv-00998-JRS-MJD) in U.S. District Court for the Southern District of Indiana, Indianapolis Division) after first attempting to reach a pre-litigation settlement through its conciliation process.
The agency is seeking back pay and compensatory and punitive damages against Heart of CarDon as well as a permanent injunction to prevent the company from engaging in future disability discrimination in the accommodation process.
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