Muskegon Family Care, a medical services provider located in Muskegon Heights, Michigan, violated federal law by firing an employee due to a disability, the U.S. Equal Employment Opportunity Commission (EEOC) alleged in a lawsuit filed September 23.
According to EEOC’s suit, Avis Lane had worked for Muskegon Family Care as an outreach enrollment coordinator for more than a month when it fired her based on information obtained during her pre-employment physical.
Firing an employee due to a disability violates the Americans with Disabilities Act of 1990 (ADA). EEOC filed a lawsuit in U.S. District Court for the Western District of Michigan (EEOC v. M.G.H. Family Health Center d/b/a Muskegon Family Care, Civil Case No.: 1:15-CV-00952) after first attempting to reach a pre-litigation settlement through its conciliation process. EEOC’s lawsuit seeks back pay, compensatory damages, punitive damages, and injunctive relief, including a court order prohibiting Muskegon Family Care from firing employees with disabilities in the future.
“Firing a qualified employee, who successfully performed the job for over a month, based on information obtained during a physical violates the ADA,” said Laurie Young, regional attorney for EEOC’s Indianapolis District. “Employers cannot use recommendations from a third-party health examiner without determining for itself whether the employee can actually do the job.”
EEOC enforces federal laws prohibiting employment discrimination. For more information about EEOC, visit www.eeoc.gov.