U.S. Equal Employment Opportunity Commission
Employee With End-Stage Renal Disease Fired Because of Complications From Her Disability, Federal Agency Charged
MIAMI -- Aveva Drug Delivery Systems, Inc., a Miramar, Fla.-based transdermal patch manufacturer, will pay $58,000 to settle a disability discrimination lawsuit filed by the U.S Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC had charged that Aveva violated federal law when it fired an employee because of her disability.
According to the EEOC’s suit, Aveva discriminated against an employee who receives dialysis treatments for her end-stage renal disease, in violation of the Americans With Disabilities Act (ADA). The employee, a 50-year-old woman, had a catheter in her arm that was used for dialysis treatment. The employee injured her arm while at work and required medical treatment necessitating a leave of absence. The EEOC’s suit alleged that Aveva fired the employee shortly after she returned from an approved leave of absence related to her disability.
In addition to monetary damages of $58,000 to be paid to the employee, the five-year order resolving the case (EEOC v. Aveva Drug Delivery Systems, Inc., Case No. 09-CV-61172-DIMITROULEAS/SNOW, filed in U.S. District Court for the Southern District of Florida, Ft. Lauderdale Division) includes injunctive relief enjoining the company from engaging in further disability discrimination; requires the posting of a notice about the settlement; and requires the company to conduct training and to report information about disability discrimination complaints it receives to the EEOC for monitoring.
“We are pleased that EEOC was able to obtain appropriate relief for the discrimination victim in this case,” said EEOC Acting Regional Attorney Michael O’Brien. “Employers must treat employees with disabilities fairly.”
EEOC Acting Supervisory Trial Attorney Celia Liner added, “Employees with disabilities must be able to function in the workplace without fear that their condition may cost them their job.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.