Inova Surgery Center, LLC, which operates outpatient surgery centers in Northern Virginia, violated the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) by firing an employee because of her disability and age, the US Equal Employment Opportunity Commission (EEOC) charged in a suit. According to the lawsuit, when a 52-year-old radiologic technician requested an extension of her medical leave to recover from carpal tunnel surgery, Inova Surgery Center terminated her and replaced her with two co-workers, ages 24 and 35. The termination and replacement occurred while the employee was still on approved medical leave, the EEOC said. Such conduct violates the ADEA, which protects employees 40 years of age and older from discrimination on the basis of age, and the ADA, which requires employers to provide reasonable accommodations to employees with disabilities if doing so would not pose an undue hardship. The EEOC filed suit after first attempting to reach a voluntary pre-litigation settlement through its conciliation process. In the lawsuit, the EEOC seeks back pay, liquidated damages, compensatory and punitive damages for the employee and equitable relief to prevent future discrimination.
