The Equal Employment Opportunity Commission has sued Kindred at Home’s parent company, alleging disability discrimination and retaliation against a worker.
Specifically, Kindred at Home failed to reasonably accommodate a purchasing department employee who became disabled, according to a court filing.
The worker had Morton’s Neuroma and capsulitis of the metatarsophalangeal joint of both feet. The employee asked for permission to telecommute for three weeks, in accordance with a doctor’s recommendation that she remain off her feet. At first, Kindred let her telework for a week. But the firm reversed its decision, and placed her on unpaid leave for four months.
The legal action seeks back pay and compensatory and punitive damages. The federal commission also is asking for “injunctive relief designed to prevent future discrimination.”
“In the absence of undue hardship, an employer’s refusal to accommodate its employee with a limited period of telework where the employee has demonstrated the ability to perform the essential functions of the position from home violates the law,” said Robert Weisberg, acting regional attorney for the EEOC’s Atlanta District Office.