Anthony Morelli had permanent nerve damage that caused spasms. His doctor put him on some restrictions: no heavy lifting and every four to six months, he needs to spend two days in bed after receiving treatment.
The company he worked for, Prestige Care, Inc., Prestige Senior Living, LLC, refused to accommodate Morelli, requiring him to lift heavy things and finding his own replacements on the days he needed to take off.
Morelli was one of many in this lawsuit, that just settled with the EEOC for $2 million and a five year consent decree.
This is an error that your business may make as well.
100% healed–100% fit for duty is Unlawful
Employment attorney Stuart Silverman said about this case,
“Want to know how to violate the Americans with Disabilities Act 100% of time? Simple! Have an inflexible leave policy that requires workers to be 100% healed and 100% fit for duty before they can return to work; as opposed to giving reasonable accommodations.”
To keep reading, click here: The Cost of Ignoring the Americans With Disabilities Act: $2 Million