PACE Southeast Michigan, a company providing all-inclusive care for the elderly, violated federal law at multiple locations in the Detroit area by failing to provide reasonable accommodations to employees with disabilities attempting to return to work following Family Medical Leave Act (FMLA) leave, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed.
According to the EEOC lawsuit, PACE maintained a policy which treated any employee unable to return to work following the expiration of FMLA leave as a “voluntary resignation” resulting in termination. One disabled employee with pseudotumor cerebri requested a brief extension of leave until her new specialty contact lenses arrived. She explained the lenses would arrive within 30 days of her FMLA leave expiration date, possibly in as soon as three days. Another employee with severe anxiety and bipolar disorder requested 30 more days of unpaid leave and provided medical documentation supporting her request.
PACE refused to consider either request, instead terminating both employees pursuant to its policy. PACE could have easily accommodated both employees. It did not hire replacements for either until months later – after both employees began working for new employers.
The EEOC is seeking back pay, compensatory damages and punitive damages on behalf of the two employees and other unidentified similarly situated employees, as well as injunctive relief to prevent future discrimination.
Source: EEOC
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