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Tab for failing to accommodate employee disabled by depression: $50k

Tim Gould
by Tim Gould
December 7, 2012
1 minute read
  • SHARE ON

Can’t help but see the irony here: A North Carolina facility that provides care to the mentally and physically disabled has agreed to pay $50,000 to settle a charge that it improperly fired a staffer — who suffered from major depression.
According to a suit filed by the Equal Employment Opportunity Commission,  Sandra Bagwell, who worked as a licensed practical nurse at the GoldenLiving Center, was denied a medical leave of absence that she needed because of her disabling depression.
The EEOC said that Bagwell had a major depressive episode which led to her being admitted to a local hospital and that on the same day, Bagwell’s husband notified her supervisor that she needed to take a leave of absence.
The agency added that Bagwell had previously informed her supervisor that she suffered from depression. The center refused to approve Bagwell’s request for a medical leave of absence as an accommodation for her disability and instead, fired her, the EEOC said.
In addition to agreeing to pay Bagwell $50,000, Golden LivingCenter agreed to redistribute and maintain its formal anti-discrimination policy — which includes, among other things, information on ADA requirements and the company’s procedure for requesting leave based on an impairment or disability.
The company also agreed to provide annual training to its managers and department heads on the ADA and the ADA’s prohibition against disability discrimination in the workplace.
Golden LivingCenter must also post an employee notice concerning the lawsuit and concerning employees’ rights under federal anti-discrimination laws, as well as provide periodic reports to the EEOC identifying individuals who request leave as an accommodation and the outcome of each individual’s request.

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