AVEVA DRUG DELIVERY SYSTEMS SUED BY EEOC FOR DISABILITY DISCRIMINATION

Company Unlawfully Fired Employee With End Stage Renal Disease, Federal Agency Says

MIAMI – Aveva Drug Delivery Systems, Inc., a  Miramar, Fla.-based transdermal patch manufacturer, violated federal law when  it fired an employee because of her disability, the U.S. Equal Employment  Opportunity Commission (EEOC) charged in a lawsuit it filed today.

According to the EEOC’s suit, EEOC v. Aveva Drug Delivery System, Inc.,  Case No. 09-CV-61172-DIMITROULEAS/SNOW, filed in U.S. District Court for the Southern  District of Florida, Aveva discriminated against an employee with a disability who  receives dialysis treatments for her End Stage Renal Disease. The EEOC says the employee, a 50-year-old  woman, had a catheter in her arm that was used for dialysis treatment. The employee injured her arm and required  medical treatment requiring a leave of absence.  Aveva fired the employee shortly after she returned from an approved  leave of absence related to her disability, the EEOC charges.

Such alleged conduct violates Title  I of the Americans With Disabilities Act (ADA).  The EEOC filed the lawsuit after first attempting to reach a voluntary  settlement with Aveva out of court.

“Too many employers still  discriminate against individuals with disabilities based on myths, fears or  stereotypes,” said Jacqueline McNair, director of the EEOC’s Miami District  Office. “We brought this lawsuit because  the underlying purpose of the ADA  is to eliminate employment discrimination for individuals with disabilities who  are qualified to do the job. Employers  must remember that disability does not mean inability.”

EEOC Regional Attorney Nora E. Curtin added, “Workers  with disabilities should not have to choose between keeping their jobs and  getting medical treatment. Employers  must treat disabled employees with dignity and respect and not discard them as  liabilities.”

Aveva Drug Delivery Systems, Inc. researches,  develops, and manufactures transdermal products such as nicotine patches used  by consumers to stop smoking.

The EEOC enforces federal laws  prohibiting employment discrimination.  Further information about the EEOC is available on its web site at www.eeoc.gov.

The EEOC Miami District Office is responsible for  processing charges of discrimination, administrative enforcement and litigation  in Florida, Puerto Rico and the Virgin Islands.  The Miami District Office has a Field Office in Tampa  and a Local Office in San Juan.