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U.S. Equal Employment Opportunity Commission



PRESS RELEASE
1-4-13

Dayton Superior Corporation to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Federal Agency Charged Company Fired Employee Because of Her Bipolar  Disorder

ATLANTA - Dayton Superior Corporation, a nationwide provider  of concrete and masonry construction products, will pay $50,000 to settle a  disability discrimination lawsuit brought by the U.S. Equal Employment  Opportunity Commission (EEOC), the agency announced today.

In its lawsuit filed on Sept. 26, 2012 in U.S. District  Court for the Northern District of Georgia (Civil Action No. 2:12-cv-00227), the  EEOC charged that Dayton Superior Corporation discriminated against Chassity  Brady, a quality control lab technician in its Braselton, Ga., facility, by unlawfully  firing her in August 2011 for taking medication that had been prescribed by her  doctor for her bipolar disorder.  While  at work, Brady suffered an adverse reaction to the prescribed medication and the  employer required her to submit to a drug test.   Although the only substances found in Brady's system were the  medications prescribed to treat her disability, the employer immediately  terminated her after the test results were revealed.  

"The EEOC filed this case because the evidence indicated Ms.  Brady was terminated because her disability required her to take medication,"  said Robert Dawkins, regional attorney for the EEOC's Atlanta District  Office.  "Making employment decisions on  the basis of stereotypical assumptions about disability-based medications is  one of the problems the ADA was designed to combat."

The consent decree settling the suit, in addition to  monetary relief for Brady, includes provisions for equal employment opportunity  training, reporting, and postings. 

The EEOC is responsible for enforcing federal laws  prohibiting employment dis­crim­ination.   Further information about the EEOC is available on its web site at www.eeoc.gov.