Charter Senior Living, LLC, which operates living communities for seniors, has been sued by the US Equal Employment Opportunity Commission for discharging an employee because she has nerve damage. The employee worked at Charter Senior Living Oak Openings in Sylvania, Ohio, where there are approximately 60 employees. According to the EEOC’s lawsuit, Charter Senior Living violated the ADA by removing one of its caregivers from the schedule because she has nerve damage in her right hand. The company sent her for a second physical when it learned she had nerve damage. The medical examiner completing the assessment concluded the employee met the physical standards of the examination, but declined to pass the employee unconditionally due to her nerve damage. Charter Senior Living refused to let the caregiver return to work without evaluating how her nerve damage impacted her ability to continue working as a caregiver. Such alleged conduct violates the Americans with Disabilities Act (ADA). The EEOC is seeking monetary relief for the employee and an injunction prohibiting the company from engaging in this type of conduct in the future.
