Ty Hyderally is frequently invited to be the keynote speaker for various groups interested in employment law and what needs to be done to ensure that the workplace remains free from discrimination. Tayeb Hyderally works with officials on the corporate level to ensure that their businesses are compliant with the various employment laws and ensures that workers are able to work in a workplace that is free from discriminatory practices of any sort. Mr. Hyderally has represented both ends of the spectrum including businesses and individuals and fights diligently for his clients when their rights have been violated. Ty Hyderally is very knowledgeable of employment law and shares his expertise with company officials, human resource professionals and other attorneys. This case regards an employer who failed to make reasonable accommodations for an employee required by the Americans with Disabilities Act (ADA).
EEOC v. Camden Place Health & Rehab, LLC
Yvonne Quaynor was a Certified Nursing Assistant (CNA) employed at Camden Place Health & Rehab, LLC. Ms. Quaynor is an asthmatic which is a condition affecting her ability to breathe properly. In January 2010, the facility began requiring CNA’s to provide supervision to residents who were taking scheduled smoke breaks. Yvonne Quaynor began experiencing breathing problems when she was exposed to the secondhand cigarette smoke while she was providing supervision for facility residents. She alerted her supervisors to the problem and complained several times that the smoke was aggravating her asthma. In July 2010, Ms. Quaynor suffered a severe asthma attack and subsequently brought a doctor’s note asking her to be excused from supervising resident’s smoke breaks due to the severity of her asthma. According to the EEOC Camden Place Health & Rehab denied Ms. Quaynor’s request and on July 26, 2010 she was terminated for refusing to provide supervision for residents on smoking breaks.
Violations of the ADA
According to the ADA an employer must provide any reasonable accommodations for an employee with a disability as long as it does not cause an undue financial hardship on the business. Camden Place Health & Rehab was in violation of the ADA by failing to make accommodations due to the severity of Ms. Quaynor’s asthma and then wrongfully terminated her due to her disability. These types of discriminatory practices are prohibited under the ADA.
EEOC Files Suit
The EEOC (Equal Employment Opportunity Commission) first attempted to reach a settlement prior to litigation with Camden Place Health & Rehab, LLC with no success. The EEOC then filed the suit with the US District Court for the Middle District of North Carolina. The EEOC will be seeking back pay as well as punitive and compensatory damages. They will also seek injunctive relief. Employers have a responsibility to provide any reasonable accommodations which are requested by employees with disabilities. They must at least make an attempt to accommodate. The EEOC will prosecute cases in which employers refuse to provide such accommodations which are reasonable that would help to enable an employee to perform their job duties.