PACE Southeast Michigan, a company providing all-inclusive care for the elderly, will pay $170,000 and furnish other relief to resolve a disability discrimination lawsuit filed by the US Equal Opportunity Commission (EEOC), the federal agency announced. According to the EEOC’s lawsuit, PACE maintained a policy which treated any employee unable to return to work following the expiration of Family and Medical Leave Act (FMLA)-allowed leave as a “voluntary resignation,” resulting in termination. Two employees requested a brief leave extension of three weeks or less to return to work following the expiration of FMLA leave and provided supporting medical documentation for the extensions. PACE refused to consider the requests and instead fired the employees. Replacements for the employees were not hired until well after the employees would have been able to return to work. Such alleged conduct violated the American Disabilities Act of 1990 (ADA), which prohibits discrimination based on disability.
