It is easy to make assumptions about people. For example, an employer may wrongly assume that a disabled worker is unable to fulfil a position because of his or her disability when reasonable modifications may be enough to ensure success. Not only are such assumptions often the result of ignorance, denying a person employment due to a disability or declining to consider accommodations is a form of disability discrimination and unlawful under the Americans with Disabilities Act.
The U.S. Equal Employment Opportunity Commission accused Red Roof Inns of violating the ADA in a recently filed lawsuit. Court records indicate that a visually impaired employee expressed an interest in a promotion to a new position. However, the company allegedly failed to accommodate his interest in the position or his attempts to learn more about it.
Additionally, the employee was reportedly told that it would be a waste of his time to seek the promotion because the company would not accommodate his impairment. According to statements made by representatives from the EEOC, failure to consider the employee because of his disability is in violation of federal law. The lawsuit was filed after attempts to reach voluntary reconciliation failed.
The lawsuit seeks compensatory damages, punitive damages and back pay as a result of the alleged disability discrimination that the employee encountered. In a perfect world, a person’s ability to perform a job would be considered separately from his or her disabilities. Unfortunately, this is not a perfect world, and people in California and across the country sometimes find themselves with no other option than to seek legal action as a result of unlawful treatment.