Lowe’s, one of the largest home improvement retailers in the country, settled an $8.6 million lawsuit that alleged wrongful termination due to disability discrimination. A lawsuit was brought by three former employees alongside the Equal Opportunity Commission (EEOC) representing all workers who had taken a medical leave for more than the allowable time off by the company and subsequently fired because of it. The lawsuit alleged Lowe’s violated the Americans with Disabilities Act.
This case was resolved this past Thursday after the company agreed to a consent decree. The accord detailed what would be expected from Lowe’s going forward. First, the monetary amount of $8.6 million that was awarded would help provide appropriate monetary relief to all the eligible former workers. Secondly, the EEOC claims of discrimination would be completely resolved. Next, the decree was said to ensure that employment practices would be in compliance with federal law, noting a workplace free from retaliation. Lowe’s would also have to maintain policies, procedures, and practices in regards to providing reasonable accommodations by way of extra time off to disabled individuals on a medical leave unable to return to work. They would also have to ensure effective record keeping procedures of these requests. Finally, Lowe’s must provide training to all personnel in regards to the ADA. The EEOC has said that anyone Lowe’s has fired between Jan. 1, 2004 and May 13, 2010 after taking maximum leave may pursue a claim.
If you or anyone you know has been terminated from their job while on a medical leave, please call an employment lawyer. A company cannot fire you for taking too many days off pursuant to their own internal policy. The employment attorneys at Fitapelli & Schaffer have experience handling wrongful termination cases of due to all kinds of discrimination. Please call for a free phone consultation at (212) 300-0375 or visit our website for more information www.fslawfirm.com.