Friday, January 11, 2013

Corporation Sued for Disability Discrimination and Retaliation

A leading provider of mechanical heating, ventilation and air conditioning services in the Mid-Atlantic area violated federal law when it fired a sheet metal mechanic because of his disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it announced today. Further, the company later unlawfully refused to rehire him because of his disability and in retaliation for filing a charge of discrimination, the agency said.

Jose Arteaga Rivas worked for six years as a sheet metal mechanic with Fidelity Engineering Corporation at its facility in Sparks, Md., when he developed endocarditis, an infection of the inner lining of the heart. Arteaga had valve replacement surgery in September 2010 and was medically released to return to work in January 2011. Despite his record of good job performance, the company refused to allow him to return to work because of his disability, the EEOC said. Instead, the employer fired Arteaga on Feb. 4, 2011, stating in the termination letter, "[g]iven the nature of [his] job as a Sheet Metal Mechanic, it is too risky to allow [him] to return to [his] previous line of work."

Read the full article here.

Source: U.S. Equal Employment Opportunity Commission

This information is intended to be educational and should not be considered legal advice on any specific matter.