Michigan company sued for violation of federal Employee Accommodation Act

PACE Southeast Michigan, a company that provides all-inclusive senior care, violated federal law at several Detroit-area locations by failing to provide reasonable accommodations to disabled employees trying to return to work after Family Medical Leave Leave Act (FMLA), the US Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed.

According to the EEOC lawsuit, PACE maintained a policy that treated any employee who could not return to work after FMLA leave expired as a “voluntary resignation” leading to termination. A disabled employee with cerebral palsy requested a short extension of leave until her new specialist contact lenses arrived. She explained that the lenses will arrive within 30 days of the FMLA leave expiration date, possibly within three days. Another employee with severe anxiety and bipolar disorder requested an additional 30 days of unpaid leave and provided medical documentation to support her request.

PACE refused to consider either request, instead dismissing both employees in accordance with its policy. PACE could have easily accommodated both employees. He didn’t hire replacements for either until months later — after both employees had started working for their new employers.

The EEOC is seeking back pay, compensatory damages, and punitive damages on behalf of the two employees and other unidentified similarly situated employees, as well as injunctive relief to prevent future discrimination.

Source: EEOC

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Michigan lawsuits