EEOC Targets Texas Painting Company for ADA Violations
Thursday, July 12, 2018
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On June 28, 2018, the Equal Employment Opportunity Commission (EEOC) filed suit in Texas federal court against, Steel Painters, a sandblasting and painting company. Steel Painters is accused of unlawfully firing a worker who was using methadone to treat a prior addiction to painkillers.The EEOC says Steel Painter violated the Americans with Disabilities Act (ADA) by hiring and then firing Matthew Kimball because it regarded him as disabled with a drug addiction. He is recovering from a drug addiction and has been enrolled in a supervised methadone treatment program since 2013.The Lawsuit.Steel Painters hired Kimball as a journeyman painter in September 2016. A week into his employment, his pre-employment drug test was flagged as positive. After explaining his situation, the company agreed to keep him on if the clinic filled out a prepared form explaining his enrollment in the program. When the clinic instead offered a written discussion outlining the terms of his program and provided documentation signed by one of his doctors, Steel fired him, according to the suit.The EEOC’s suit seeks an injunction barring Steel Painters from firing or not hiring individuals because of their disabilities. More specifically, from discriminating against workers whose disabilities require the supervised use of methadone. Lastly, it also seeks front and back pay for Kimball, an appropriate position at the company and damages for emotional pain and suffering. Click here to read the complaint in full. To read about a similar case of the EEOC filing suit for ADA violations, click here to read one of my prior blogs.
Contact Health Law Attorneys Experienced in Representing Health Care Professionals and Providers.At the Health Law Firm we provide legal services for all health care providers and professionals.This includes physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors,Durable Medical Equipment suppliers, medical students and interns, hospitals, ambulatory surgicalcenters, pain management clinics, nursing homes, and any other healthcare provider. We representfacilities, individuals, groups and institutions in contracts, sales, mergers and acquisitions.The lawyers of The Health Law Firm are experienced in both formal and informal administrativehearings and in representing physicians in investigations and at Board of Medicine and Board ofOsteopathic Medicine hearings. We represent physicians accused of wrongdoing, in patient complaints and in Department of Health investigations. To contact The Health Law Firm, please call (407) 331-6620 and visit our website at www.ThehealthLawFirm.com.Sources:Petrick, John. “EEOC Says Firing Over Methadone Treatment Flouted ADA.” Law360. (July 6, 2018). Wiessner, Daniel. “EEOC targets painting company in latest suit over opioid treatment.” Thompson Reuters. (July 6, 2018). Web.About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.KeyWords: Equal Employment Opportunity Commission (EEOC) investigations, Americans with Disabilities Act (ADA) violations, EEOC attorney, ADA lawyer, representation for ADA violations, employment discrimination defense attorney, employment law representation, representation for employment matters, reviews of The Health Law Firm, The Health Law Firm Attorney reviews, legal representation for health care professionals “The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.Copyright © 2018 The Health Law Firm. All rights reserved.
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