Americans with Disabilities Act
Tayeb Hyderally is an employment lawyer whose experience includes litigating for individuals and corporations in matters pertaining to employment law. Ty Hyderally frequently travels as a keynote speaker where he shares his expertise with corporate officers, human resource personnel and other attorneys. His extensive travels are for the purpose of educating employees and employers about how to keep the workplace free from any form of discrimination. He works closely with company officials to help develop policies which are in compliance with employment laws and regulations. Tayeb Hyderally works to ensure that employees as well as employers are aware of their rights and their responsibilities when it comes to keeping the workplace free from discrimination. In this case, The Equal Employment Opportunity Commission (EEOC) alleged that the company violated the Americans with Disabilities Act (ADA) by wrongfully terminating an employee based on a disability.
EEOC v Fox Den Apartments
Oxford Glenn of Wrightsboro, LLC, Stansberry and Company LLC, and Stansberry Management, LLC doing business as: Fox Den Apartments allegedly assumed an employee could not continue performing her job after she became disabled. The property manager was of the Fox Den Apartment complex which is located in Augusta, Georgia had a heart attack while she was at work. According to the EEOC, the owners of the complex advertised for a replacement the very day that the manager had suffered a heart attack at work. Upon recovering and returning to work, the apartment manager discovered that she had been replaced and had been terminated from the job.
Violating the ADA
By engaging in this type of conduct, the company was in violation of the Americans with Disabilities Act. When an employee suffers a disability the employer is required to make reasonable accommodations as long as it does not impose an undue hardship on the business to do so. The ADA also prohibits any form of adverse employment actions on the part of the employer based on a disability. By terminating the manager and filling it with another employee, the Fox Den Apartments were in direct violation since they made no attempt to accommodate the former employee’s disability. The EEOC alleged that the company acted adversely by terminating her without ascertaining the extent of her disability or her future ability to continue performing her job responsibilities. EEOC officials stated that the ADA is in place in order to stop employees from assuming that an employee can no longer do a particular job if they become disabled.
Consent Decree
The EEOC settled the disability discrimination lawsuit and the company must pay $37,000 to the former employee. The company must also provide training for their employees including supervisory staff, which educates staff on equal employment opportunity and discriminatory practices. Not only will they provide such training for their employees, but they will also report to the EEOC regularly to ensure that they remain in compliance with the ADA. The company must also post information regarding discrimination in the workplace to keep employees informed of matters concerning their rights and responsibilities pertaining to equal employment and discriminatory practices.
