Care Center for the Elderly Discharged Administrator After Learning of Her Epilepsy, Federal Agency Charged

DETROIT - The Pines of Clarkston, Inc., part of a group of assisted living facilities in southeastern Michigan, will pay $42,500 and provide other relief to settle a federal disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency recently announced.

According to the EEOC's suit, The Pines of Clarkston discharged the administrator at its newly opened assisted living facility after a medical examination revealed her epilepsy.

Such alleged conduct violates the Americans with Disabilities Act (ADA). After first attempting to reach a pre-litigation settlement through its conciliation process, the EEOC sued The Pines of Clarkston (EEOC v. The Pines of Clarkston, Inc., Case No. 2:13-cv-14076) in U.S. District Court for the Eastern District Court of Michigan.

In addition to $42,500 in monetary relief, the four-year consent decree settling the suit provides for the institution of policies regarding disability discrimination and training on the ADA and enjoins The Pines of Clarkston from terminating an employee on the basis of disability in the future.

"Firing an employee because of fears about conditions such as epilepsy strikes at the heart of the ADA," said EEOC Trial Attorney Dale Price. "The Commission will vigorously defend the rights of such persons in the workplace."

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