HEALTH DELIVERY REFUSED TO RETURN DISABLED EMPLOYEE TO WORK, EEOC CHARGES

Woman Not Returned Because of History of Depression, Federal Agency Charges

DETROIT – A Saginaw,  Mich., provider of health  services violated federal law by refusing to return an employee to work 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. Health Delivery,  Inc., Case No. 2:09CV13837), filed in U.S. District Court for the Eastern  District of Michigan, Northern Division, Linda Perry worked as a registered  nurse for Health Delivery. In August  2006, Perry tried to return to work following a leave of absence for major  depression. Despite the fact that Perry  worked at Health Delivery for many years before her leave, the company refused  to return her to a registered nurse position or rehire her.

Such alleged conduct violates the Americans With  Disabilities Act (ADA). The agency seeks  to recover monetary compensation for Perry in the form of back pay and compensatory  damages for emotional distress, as well as punitive damages. The EEOC filed suit after first attempting to  reach a voluntary settlement.

“Ms. Perry had already proven her worth to the employer,  but the management chose not to return her to work because of her medical  history,” said EEOC Indianapolis Regional Attorney Laurie Young, whose  jurisdiction includes Michigan. “The EEOC will vigorously pursue violations  of the ADA when  employers base their decisions on baseless myths, fears and stereotypes about  persons with depression.”

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