Employee Discharged Because He Has Scoliosis, Federal Agency Charges
DETROIT - New Image Building Services, Inc., a Troy, Mich.-based cleaning company, has been sued by the U.S. Equal Employment Opportunity Commission (EEOC) for discharging an employee because of his medical condition, the federal agency announced today.
According to the lawsuit, New Image unlawfully discharged the employee because of his scoliosis, a condition involving an abnormally curved spine. The employee told his supervisor he had scoliosis when she told him he was being transferred to a position requiring him to wear a vacuum pack. In response, she fired him, EEOC said.
Such alleged conduct violates the Americans with Disabilities Act (ADA). EEOC filed suit (EEOC v. New Image Building Services, Inc., Case No. 2:16-cv-13093) in U.S. District Court for the Eastern District of Michigan after first attempting to reach a pre-litigation settlement through its conciliation process. The agency seeks to recover monetary compensation for the fired employee, including back pay and compensatory damages for emotional distress, as well as punitive damages.
"Firing an employee because of a disability violates federal law," explained EEOC Trial Attorney Nedra Campbell. "There is no justification for simply throwing an employee out on the street without even trying to work out a solution to a serious problem such as this spinal condition."
Founded in 1988, New Image Building Services, Inc. (www.newimagebldg.com) is a privately owned company that provides corporate cleaning services for buildings located throughout the Midwest, East, and internationally.
EEOC is responsible for enforcing federal laws prohibiting employment discrimination. Further information about EEOC is available on its website at www.eeoc.gov.