PRESS RELEASE
3-17-09

CLEVELAND – The operators of an assisted living facility in Mayfield Village will pay $75,000 and provide remedial relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

In its suit against Governor’s Village, LLC and Navigroup, LLC (Case No. 1:08-cv-01298), filed in U.S. District Court for the Northern District of Ohio, the EEOC charged that the activities director for Governor’s Village, Dorothy Pesta, who has a birth deformity affecting her muscular-skeletal system, was fired after she opposed the removal of a reasonable accommodation for her that had been previously provided. Such alleged conduct violates the Americans With Disabilities Act (ADA), which requires that an employer reasonably accommodate the known disability of a qualified employee unless doing so would cause an undue hardship on the operation of its business. It is also unlawful to retaliate against an employee for opposing employment practices that discriminate based on disability.

In addition to the monetary relief to Pesta, the consent decree settling the suit requires that the company provide training concerning employee rights and employer obligations under the ADA for all department heads and directors, and to post a notice summarizing the settlement in a place accessible to all Governor’s Village employees.

“I am pleased with the company’s willingness to settle this suit,” said EEOC Philadelphia District Acting Regional Attorney Debra Lawrence. “It provides appropriate relief to the victim, and contains measures to prevent discriminatory actions from recurring in the workplace.”

According to the company’s web site, Navigroup manages four assisted living and dementia care facilities throughout Ohio and in Michigan.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available on its web site at www.eeoc.gov.