EEOC SUES PACE SOUTHEAST MICHIGAN FOR DISABILITY DISCRIMINATION

DETROIT- PACE Southeast Michigan, a company providing all-inclusive care for the elderly, violated federal law at multiple locations in the Detroit area by failing to provide reasonable accommodations to employees with disabilities attempting to return to work following Family Medical Leave Act (FMLA) leave, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

According to the EEOC lawsuit, PACE maintained a policy which treated any employee unable to return to work following the expiration of FMLA leave as a "voluntary resignation" resulting in termination. One disabled employee with pseudotumor cerebri requested a brief extension of leave until her new specialty contact lenses arrived. She explained the lenses would arrive within 30 days of her FMLA leave expiration date, possibly in as soon as three days. Another employee with severe anxiety and bipolar disorder requested 30 more days of unpaid leave and provided medical documentation supporting her request.

PACE refused to consider either request, instead terminating both employees pursuant to its policy. PACE could have easily accommodated both employees. It did not hire replacements for either until months later - after both employees began working for new employers.

Such alleged conduct violates the American Disabilities Act (ADA), which prohibits discrimination based on disability. The EEOC filed suit (Case No. 2:24-cv-12424-NGE-CI in U.S. District Court for the Eastern District of Michigan) after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC is seeking back pay, compensatory damages and punitive damages on behalf of the two employees and other unidentified similarly situated employees, as well as injunctive relief to prevent future discrimination.

"Employers must treat requests from disabled employees for unpaid leave as requests for a reasonable accommodation," said Miles Uhlar, trial attorney for the EEOC's Detroit Field Office. "This employer easily could have granted these brief extensions of leave with no undue burden on the company. By refusing to do so, it violated the ADA."

For more information on disability discrimination, please visit www.eeoc.gov/disability-discrimination-and-employment-decisions. For more information on reasonable accommodations, please visit https://www.eeoc.gov/eeoc-disability-related-resources/reasonable-accommodation.

The EEOC's Detroit Field Office is part of the Indianapolis District Office, which oversees Michigan, Indiana, Kentucky and parts of Ohio.

The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.