Firing an Employee For Having a Disability is Illegal

Charter Senior Living has settled a lawsuit alleging disability discrimination.  The EEOC’s lawsuit claimed that Charter hired a new employee who passed her pre-employment physical.  This employee worked for Charter for weeks without any issue until Charter learned that she had nerve damage in one of her hands.  After learning of this nerve damage, Charter insisted that the employee complete another physical.  The second physical resulted in a determination that the employee met physical standards, but she was not passed unconditionally because of the nerve damage.  Charter ultimately fired the employee.  This alleged conduct is a violation of the Americans with Disabilities Act, as amended, which prohibits discrimination on the basis of an employee’s disabilities or requests for reasonable accommodations due to a disability.  See EEOC v. Charter Senior Living, LLC, No. 3:21-cv-00708 (N.D. Ohio).