'THE CASH STORE' SUED BY EEOC FOR DISABILITY BIAS AGAINST MANAGER WITH BIPOLAR DISORDER

SEATTLE — Payday lending chain Cottonwood Financial, Ltd.,  which does business as The Cash Store, refused to accommodate a manager with  bipolar disorder at its store in Walla    Walla, Wash., and  unlawfully fired him due to his disability, the U.S. Equal Employment  Opportunity Commission (EEOC) charged in a lawsuit filed today.

The EEOC’s suit  (EEOC v. Cottonwood Financial, Ltd., CV-09-5073-EFS)  charged that the company refused to accommodate store manager Sean Reilly’s need for sufficient time off to  adjust to new medication prescribed by his doctor. Hired  as an assistant manager in June 2006, Reilly was promoted to store manager in  October and received an award for the success of his store in November  2006. However, in late January 2007, Reilly  was prescribed new medication, and his family made requests on his behalf to  the district manager, explaining Reilly’s need for enough leave to  recover. Senior management at Cottonwood  Financial, however, ignored the requests and later fired Reilly, refusing to  tell him why he had been terminated.

Reilly said, “After my diagnosis, I really challenged myself to beat  the odds and do well at work. I was  proud of my promotion and of my performance.  It was crushing to me to be fired for no reason other than needing a few  days off to adjust to new medication.”

Disability  discrimination violates the Americans With Disabilities Act (ADA), which  requires employers to engage in an  interactive process with employees in good faith, exploring what accommo­dations  for a disability are possible. The  EEOC filed suit in U.S. District Court for the Eastern District of Washington  after first attempting to reach a voluntary settlement. The EEOC seeks monetary damages on behalf of Reilly,  training on anti-discrimination laws, posting of notices at the work site and  other injunctive relief.

EEOC San Francisco Regional  Attorney William R. Tamayo noted, “Sean Reilly proved himself a skilled and  diligent employee. That’s why he was  promoted to store manager only four months after being hired. When his disability required him to take  several days off from work, his employer refused to give him enough time or even  talk to him about possible accommodations.  The law requires more. When an  employee faces limitations because of a disability, employers have a duty to  explore reasonable accommodations. Cottonwood didn’t make an effort, and that’s why the EEOC  filed suit in this case.”

San Francisco District Director  Michael Baldonado added, “Employees with disabilities can remain productive  members of the work force, especially if employers fully engage with their duty  under the ADA  to work interactively with these employees to find a solution.”

According to its web site, www.cashstore.com, Cottonwood Financial  owns and operates payday lending stores with over 500 employees in Washington, Idaho, Illinois, Michigan, New Mexico, Texas and Wisconsin. Its headquarters are in Irving, Texas.

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