LITTLE ROCK RETIREMENT COMMUNITY SUED BY EEOC FOR DISABILITY DISCRIMINATION

Presbyterian Village Took Away Accommodation, Retaliated Against Dietary Aide With Physical and Developmental Impairments, Agency Claim

LITTLE ROCK, Ark. –  Presbyterian Village Inc., a retirement community in Little Rock, Ark.,  violated federal law when it refused to accommodate and then reduced the hours  of a dietary aide because of his disabilities, the U.S. Equal Employment  Opportunity Commission (EEOC) charged in a lawsuit filed today in U.S. District  Court for the Eastern District of Arkansas.

According to the EEOC’s suit (Civil  Action No. 4:09-CV-0766 BSM), the dietary aide had worked at Presbyterian Village  from 2003 though 2007 without incident.  The aide has cerebral palsy, epilepsy, and partial paralysis stemming  from a stroke suffered in infancy which causes him to walk with a limp and  limits the use of his left arm and hand.  He also has some cognitive impairments.  He had successfully performed the duties of dietary aide with minor  accommodations granted by his supervisor and had received “satisfactory”  performance evaluations.

After the hire of a new dietary  services manager in 2008, Presbyterian  Village refused to  continue to accommodate the aide and gave him tasks that were outside his  physical capabilities. When he  complained about his treatment, his hours were reduced. The reduction in hours caused the aide to  lose his health insurance. Thereafter,  his mother complained of the discriminatory treatment, and his hours were  further reduced.

        Disability discrimination violates  the Americans with Disabilities Act (ADA), which also prohibits retaliation  against individuals who complain of discriminatory treatment. The EEOC filed suit after first attempting to  reach a voluntary settlement. The suit  seeks monetary relief in the form of back pay and compensatory and punitive  damages, compensation for lost benefits for the aide, and an injunction against  future discrimination.

“In July 2009, we celebrated the  19th anniversary of the enactment of the ADA. This statute mandates that persons with disabilities have an  equal opportunity to achieve in the workplace.  Presbyterian Village provided reasonable accommodations for  many years and then, inexplicably, decided to cease accommodating our  complainant,” said Katharine Kores, Director of the EEOC’s Memphis District  Office, whose jurisdiction includes Arkansas. “As if the discrimination here were not  serious enough, our complainant was later retaliated against twice causing him  to lose his health insurance.”

Presbyterian Village  is a retirement community offering housing and services for independent living,  residential care, and skilled nursing in Little    Rock.

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