A leading manufacturer of industrial adhesives in Texas was named in a lawsuit filed by the Dallas branch of the U.S. Equal Employment Opportunity Commission in the U.S. District Court for the Northern District of Texas. The suit claims workplace discrimination against a former employee who had prostate cancer surgery. It is alleged that the company violated the Americans with Disabilities Act of 1990 and Title I of the Civil Rights Act of 1991.
According to court documents, the 56-year-old worker had been in the employment of the defendant since 2006. He was diagnosed with prostate cancer and had to undergo surgery in Jan. 2012. Following the surgery, the employee took medical leave until July 2012, when he informed the defendant that he was ready to return to work. However, following the surgery and cancer treatment, he developed urinary incontinence and had to wear a catheter.
Although the worker’s physical limitations did not prevent him from performing his duties, the defendant refused to accept his return to work and prohibited the use of a catheter. The company also failed to accommodate him in an alternative position as a forklift driver for which he was also qualified. Due to the company’s continuous refusal to accommodate the employee, his allocated company leave was ultimately exceeded, and his employment was terminated.
The agency seeks back pay along with damages — both compensatory and punitive. Employees in Texas whose personal and professional progress are jeopardized by unfair workplace discrimination may benefit greatly from retaining the services of experienced legal representatives. An employment law attorney who protects the rights of employees can work toward obtaining justice for each client.
Source: The Dallas Morning News, “EEOC files discrimination suit in cancer case”, Karen Robinson-Jacobs, Oct. 22, 2015