Gentiva Health Services, Inc. d/b/a Kindred at Home (“Kindred”), a provider of home health services, including nursing and rehabilitation assistance, violated federal law when it failed to accommodate an employee in its purchasing department and instead placed her on involuntary unpaid leave because of her disability, the US Equal Employment Opportunity Commission (EEOC) charged in a lawsuit. According to the EEOC’s suit, Kindred learned that one of its employees suffered from Morton’s Neuroma and capsulitis of the metatarsophalangeal joint of both feet. The employee initially asked to telecommute for three weeks in accordance with her doctor’s recommendation to stay off her feet, as an accommodation for her disability. Kindred originally allowed her to telework for a week but then reversed its decision and unilaterally placed her on unpaid leave without benefits for four months, the EEOC said. The EEOC is seeking back pay, compensatory, and punitive damages for the employee, as well as injunctive relief designed to prevent future discrimination.
