EEOC files lawsuit for wrongful firing of disabled

A woman who was unlawfully fired because of her disability by Aveva Drug Delivery Systems Inc., a Florida manufacturer of medical patches, received the aid of the Equal Employment Opportunity Commission (EEOC), agency that filed a lawsuit against the company for wrongful termination.

The EEOC lawsuit, filed in Miami Aug. 3, states that Aveva Drug Delivery Systems discriminated against an employee with a disability who receives dialysis treatments for her disease called ‘End Stage Renal Disease’. The employee, a 50-year old woman, carried a catheter in her arm used for dialysis treatment. She injured her arm at work, and required medical treatment and a leave of absence.

Aveva fired the woman after she came back from the leave of absence related to the treatment of her arm and disability, the EEOC filed.

“Too many employers still discriminate against individuals with disabilities based on myths, fears or stereotypes,” said Jacqueline McNair, director of the EEOC’s Miami district office. “We brought this lawsuit because the underlying purpose of the ADA is to eliminate employment discrimination for individuals with disabilities who are qualified to do the job. Employers must remember that disability does not mean inability.”

This conduct violates Title I of the Americans With Disabilities Act (ADA), McNair said. EEOC filed the lawsuit after first attempting to reach a settlement with Aveva out of court.

Aveva Drug Delivery Systems develops, researches, and manufactures patches that, attached to the human skin, help smokers to stop consuming cigarettes.

Nora E. Curtin, regional attorney for EEOC, said employers should learn disabled employees have a right to keep their jobs if they need prompt medical attention.

“Workers with disabilities should not have to choose between keeping their jobs and getting medical treatment. Employers must treat disabled employers with dignity and respect and not discard them as liabilities.”