Earlier this year the U.S. Equal Employment Opportunity Commission (EEOC) filed suit against Resources for Human Development, Inc. (RHD), for firing an employee because of her obesity, in violation of the Americans with Disabilities Act (ADA). The case arose from the charge of a former RHD employee, Lisa Harrison, who claimed that RHD fired her from a New Orleans facility because of her disability.
According to the EEOC’s suit (No. 2:10-cv-03322 in U.S. District Court for the Eastern District of Louisiana), Harrison began working for RHD in 1999, as a Prevention/Intervention Specialist. Harrison worked with young children of mothers undergoing treatment for addiction. RHD fired Harrison in September of 2007 because of her severe obesity, the suit alleges. The EEOC alleges that, as a result of her obesity, RHD perceived Harrison as being substantially limited in a number of major life activities, including walking. Harrison was able, according to the lawsuit, to perform all of the essential functions of her position. Before the EEOC filed suit, Harrison died.
Disability discrimination violates the ADA. The EEOC filed the lawsuit after efforts to resolve the case through settlement were unsuccessful.
Many people tell the same story as mine.
You have worked and given your all to an employer, had seven years of excellent annual reviews, top performer status and told during reviews; “what an asset you have been to our company.” Then, out of the blue, a medical problem crops up. Then very soon, as soon as they can, you are let go. You are 59 years old and have signed a non-compete and they are letting you go.
My open question is: How can one prove to the EEOC that an injustice has been done when the employer planned and covered up the truth of why one was truly let go? During the process of being “let go”; and in a complete state of shock, I remember my boss saying very quietly, almost underneath her breath, “it’s just business, don’t take it personally”.
Any follow up ideas or answers would be greatly appreciated. This unfair practice is being done frequently, and being done in the name of business. This employer also owed me $8,000.00 dollars of bonus which they didn’t have to pay since I was no longer with the company when the bonus checks were issued.
Thank you very much.
Did she die due to her obesity?
I had an accident at work in ’96, I was told I could come back to work on light duty and take my pain medication(although the medication said not to operate heavy eqipment while taking it, I worked at an Auto stamping plant) so I did for four years making sure to keep the company updated of my condition. My condition worsened over time and my employer told me I couldn’t work on light duty if I wasn’t hurt on the job which I was, the ambulance had to take me from the shop. I asked them where all the paperwork and x rays and MRIs I had turned in went. They said they had no clue as to what I was talking about so I went and got duplicates. They still claimed they had no idea what I was talking about. There is a lot more to this story but the end result was they said I couldn’t work on light duty so I had the surgery in 2000, after the surgery they told me I was not allowed to return to work and not to set foot on the property. They offered me $2500 dollars and wanted me to sign off my job so my lawyer told me. They wouldn’t allow me in the meeting. I refused. Now I live on Social Security which is about $1000.00 less than I made working. I tried filing a claim saying my civil rights were being abused. I don’t know if this make any sense but to make it short, I am not being allowed to work although I can do my job. I feel as though I am being discriminated against because of my disability and no one would lift a finger to help. I tried lawyers but I believe Tower thought it would be cheaper to pay them than to pay me or let me work. My condition has worsened and I probably couldn’t work now but there is a big difference between Workman’s Comp. and Social Security. After waiting almost 5 years to get Social Security, I only got 1 year of back pay and lost almost $60,000 because of it and I am going to be paying my mother and others who made sure I survived those 5 years back forever.
I would like to see the outcome. Cases such as this are let slide and the poor employees are made to suffer at the hands of a vile supervisor. It is not fair.
There are a lot employers who fire employees because of their appearance and/or sexual orientation. They seem to find anything to use against them and that includes work related injury. If you take too many days off of work due to an injury you substained on their permises, our doctor cut your hours. Due to your injury your employer writes you up for anything to get you to quit working for them so they don’t have to pay for anymore medical treatment that you need. So they started haressing me, putting me in an emotional state of mind of fearing of getting fired.The company will put up a cover like you are not doing your job and fire you.
Unbelievable how the System sometimes brakes human dignity.