Bloomington, Ind.-based senior living community operator Heart of CarDon, LLC violated federal law by refusing to accommodate a qualified employee with a disability, resulting in her losing her job, the US Equal Employment Opportunity Commission (EEOC) charged in a lawsuit. According to the EEOC’s lawsuit, Heart of CarDon determined that an employee at its Rawlins House facility, in Pendleton, Ind., could no longer perform the essential functions of her certified nursing assistant job after a work injury resulted in lifting restrictions. The employee expressed interest in several jobs she could have performed without violating her lifting restrictions, but Heart of CarDon refused to transfer her to a vacant position for which she was qualified, the EEOC said. Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits employers from failing to consider reasonable accommodations for employees with a disability. The EEOC is seeking back pay and compensatory and punitive damages against Heart of CarDon as well as a permanent injunction to prevent the company from engaging in future disability discrimination in the accommodation process.
