NC Trucking Co. Slapped with Discrimination Charges
A
National Law Journal
news report said the federal court suit chargedthat the Smith International Truck Center relied
upon “myths, fears and stereotypes about mental
impairments” when it unlawfully terminated an employee
who took leave for a mental health issue.
According to the suit, employee Stephen Kerns took one
week off to get medical treatment and get his dosage
adjusted for medicine he took for what the complaint
calls a mental impairment. The man then returned to work
with no restrictions, but was fired shortly thereafter,
according to the EEOC.
The agency asserts that his employer fired Kerns because
of his perceived disability – in violation of the
Americans With Disabilities Act (ADA) — and that the
issue is a pervasive workplace problem around the
country.
“There’s just a lot of stigma about mental illness,” said
Carol Miaskoff , EEOC assistant legal counsel. “‘Getting
employers to slow down and not jump to these negative
conclusions is not easy.”
Attorney Steven Lawrence, who is representing the
trucking company, adamantly denied the claims. “This is
absurd,” Lawrence said of the lawsuit. “When the
allegation states that Smith International perceived him
as disabled, that is just out and out untrue. He was not
disabled. He had not been determined to be disabled.”
According to Lawrence, the employee was fired because he
repeatedly didn’t show up for work without any notice.
The employee had been warned several times, Lawrence told
the
Law Journal
. “It was that simple.”
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