Tayeb Hyderally has many years of successful litigation in employment law cases. He is highly respected for his expertise in this multifaceted area of practice and is frequently invited to be the keynote speaker for seminars where he addressed attorneys, corporate officers and human resource professionals. Ty Hyderally also works closely with individuals on the corporate level to help develop policies and procedures that are in full compliance with employment laws. Tayeb Hyderally works diligently educating business personnel to ensure that both employee and employer are aware of the many different aspects of employment law and that they understand their rights and responsibilities in keeping the workplace free from discriminatory practices of any kind. This case is one in which a company wrongfully terminated an employee based on a disability. The Americans with Disabilities Act (ADA) prohibits such discriminatory practices and the company is liable in such cases.
EEOC v. Dayton Superior Corporation
The EEOC (Equal Employment Opportunity Commission) is the entity which enforces employment laws and ensures that businesses are in full compliance. When the company has violated the laws by participating in or allowing discriminatory acts the EEOC will step in and file suit. This is the case with Dayton Superior Corporation which is a company which supplies concrete and masonry construction products on a nationwide basis. The EEOC filed a suit against Daytona Superior Corporation charging that the company had acted in a discriminatory manner against an employee, Chastity Brady. Ms. Brady worked for the company in the capacity of a technician at the control lab located in Braselton, Georgia.
Ms. Brady was taking medications prescribed for bipolar disorder as prescribed by her physician. While she was at work in the facility in Braselton, Georgia, she suffered an adverse reaction to the prescribed medications. The employer required that she submit to a drug test on the spot. The results of the drug test revealed that the only pharmaceutical substances found in her body at the time were those which had been prescribed by her physician in order to treat her disability. However, once the substance was revealed to be in her system, her employer terminated her immediately.
The ADA prohibits terminating an employee based solely on medications that are taken to treat a disability. The EEOC filed the case because it is illegal for employees to make decisions regarding employment based on any stereotypical mindsets or assumptions about medications used to treat disabilities. The ADA was designed to protect employees in this type of situation. All reasonable accommodations must be made for an employee with a disability who is otherwise capable of performing job related tasks. Ms. Brady had already proven she could perform the job related responsibilities and was unduly terminated based only on her disability.
Dayton Superior Corporation was in violation of the ADA and according to the consent decree settlement had to pay Chastity Brady $50,000 for wrongful termination. The company also has to provide equal employment opportunity training for the company personnel to ensure that this type of situation does not recur. They will also be required to report to the EEOC periodically to ensure that they continue in compliance.