Employment lawsuit filed against Los Angeles apparel maker alleges disability discrimination
An employment lawsuit in Los Angeles has been filed against a clothing company, alleging disability discrimination.
The Mercury News reports that the Equal Employment Opportunity Commission flied the lawsuit in federal court.
The EEOC contends that American Apparel Inc. violated federal law when it fired a disabled garment worker on medical leave for cancer treatment. The lawsuit contends the employee requested medical leave to undergo chemotherapy treatment for cancer. His leave was approved and the employee provided the proper documentation about his treatment. His employment was terminated upon his return to work after the company allegedly told him there was no position available for him.
Our Los Angeles employment lawyers understand the devastation that an employer can cause by unfairly terminating an employee facing a health crisis, injury or disability. Unfortunately, the current economy and high unemployment rate can discourage an employee from reporting a work injury or seeking assistance in cases where he or she faces discrimination in the workplace. Laws are in place to protect employees in such situations, while failure to follow proper reporting procedures can limit or even eliminate your right to protect your job and collect damages for violations of law.
Under law, a person with a disability is an employee who:
-Has a mental or physical disability that substantially limits one or more activities.
-Has a history of such impairment.
-Is perceived to have such impairment.
In this case, the EEOC alleges that the apparel company violated the Americans with Disabilities Act by denying the garment worker's request for reasonable accommodations and fired him because of his disability. The lawsuit seeks back pay, compensatory and punitive damages and injunctive relief to prevent future instances of disability discrimination.
“Workers with disabilities cannot be cast off at the first sign of a disability-related issue,” said Anna Y. Park, regional attorney for the EEOC’s Los Angeles District Office. “Employees have the right to seek and obtain a reasonable accommodation to modify their job, environment or schedule in order to continue working despite disability-related challenges.”
Olophius Perry, district director for the EEOC’s Los Angeles District Office, noted making accommodation for those with disabilities often requires minimal effort on the part of an employer.
“When an employee requests time off or any other type of accommodation related to one’s disability, it is the employer’s legal obligation to consider it," Perry said. "Employers must engage in the interactive process with the employee to assess whether there is a way to accommodate the request or agree to an alternative solution. Often, the cost of accommodation is minimal.”
If you need to speak to an employment attorney in Los Angeles about an issue of discrimination, sexual harassment, wage dispute, or a violation of worker's rights, contact the Employment Law Team for a confidential consultation to discuss your rights. Call (877) 529-4545. Serving Santa Ana, Ontario, Riverside and the entire Los Angeles area.
