Employee With End-Stage Renal Disease Fired Because of Complications From Her Disability, Federal Agency Charged

MIAMI -- Aveva Drug Delivery Systems,  Inc., a Miramar, Fla.-based transdermal patch manufacturer, will pay $58,000 to  settle a disability discrimination lawsuit filed by the U.S Equal Employment Opportunity Commission (EEOC), the agency announced today.  The EEOC had charged that Aveva violated  federal law when it fired an employee because of her disability.

According to the EEOC’s suit, Aveva discriminated against  an employee who receives dialysis treatments for her end-stage renal disease, in violation of the Americans With Disabilities Act (ADA). The employee, a 50-year-old woman, had a  catheter in her arm that was used for dialysis treatment. The employee injured her arm while at work  and required medical treatment necessitating a leave of absence. The EEOC’s suit alleged that Aveva fired the  employee shortly after she returned from an approved leave of absence related  to her disability.

In addition to monetary damages of  $58,000 to be paid to the employee, the five-year order resolving the case (EEOC v. Aveva Drug Delivery Systems, Inc.,  Case No. 09-CV-61172-DIMITROULEAS/SNOW,  filed in U.S. District Court for the Southern District of Florida, Ft. Lauderdale  Division) includes injunctive relief enjoining the company from engaging in  further disability discrimination; requires the posting of a notice  about the settlement; and requires the company to conduct training and to  report information about disability discrimination complaints it receives to  the EEOC for monitoring.

“We are pleased that EEOC was able to obtain appropriate relief for the discrimination victim in this case,” said  EEOC Acting Regional Attorney Michael O’Brien. “Employers must treat employees with disabilities fairly.”

EEOC Acting Supervisory Trial  Attorney Celia Liner added, “Employees with disabilities must be able to  function in the workplace without fear that their condition may cost them their  job.”

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