• 14
  • February
    2012

A California retailer has reportedly agreed to settle a disability discrimination lawsuit with the United States Equal Employment Opportunity Commission for $50,000.

The EEOC filed suit against Buy Rite Thrift Store in Modesto for allegedly firing a night-shift stocker who suffers from epilepsy after he had seizures while at work.

The EEOC said that the employer decided unilaterally that the employee was a danger to himself and others instead of asking the employee to take a fitness exam or provide medical documentation of his ability to perform the job duties. This was against the law, the EEOC said.

Under the Americans with Disabilities Act, disability discrimination is forbidden and employers are expected to make reasonable accommodations for employees who are disabled.

In this case, the fired worker with epilepsy said that he was employed for 17 years doing similar work in a grocery store and having seizures never prevented him from being able to do his job. He said that Buy Rite's response to his epilepsy was disheartening.

"I hope my experience can help others learn to look beyond their fears about epilepsy, and instead focus on what a worker like me can actually do," he said.

It is estimated by the Centers for Disease Control that two million Americans have epilepsy, and it is wrong to assume that having seizures automatically prevents a person from being able to perform his or her job, an attorney with the EEOC in San Francisco said.

"It's critical to use objective evidence to determine whether that particular worker can perform the duties of the specific position," the attorney explained.

If you have been fired because of a disability and your employer was not willing to make reasonable accommodations for you, you may have a disability discrimination claim. Get advice today on what to do next.

Source: EEOC Press Release, "Modesto Retailer Settles Disability Discrimination Suit," Feb. 7, 2012