RV Manufacturer Refused to Grant Less Than a Week of Unpaid Leave to Disabled Employee And Terminated Him Instead, Federal Agency Charges
INDIANAPOLIS – The U.S. Equal Employment Opportunity Commission (EEOC) announced that it filed suit against Keystone RV Company, headquartered in Goshen, Indiana, for failing to accommodate and firing an employee with a disability at its Wakarusa, Indiana factory.
According to the EEOC’s lawsuit, Keystone refused to give less than a week of unpaid leave to accommodate an employee with a disability who needed surgery. Keystone rigidly adhered to its attendance policy, which required employees with seven unexcused attendance occurrences to be fired. Keystone refused to excuse the employee’s absences for medical appointments leading up to his surgery and then counted the day of his surgery as a seventh unexcused absence, resulting in his termination.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits employment discrimination based on disability. The EEOC asserts that the company’s actions were intentional and demonstrated a reckless indifference to the applicant’s federally protected rights.
The EEOC filed suit (EEOC v. Keystone RV Company, Case No. 3:22-cv-00831) in U.S. District Court for the Northern District of Indiana, South Bend Division) after first attempting to reach a pre-litigation settlement through the agency’s conciliation process. The agency is seeking back pay, compensatory and punitive damages, and other relief from Keystone RV Company, including a permanent injunction to prevent the company from engaging in future disability discrimination and refusal to reasonably accommodate employees with disabilities.
“The ADA requires an employer to provide employees with disabilities reasonable accommodations that will allow them to perform their essential job duties,” said Regional Attorney Kenneth L. Bird of the EEOC’s Indianapolis District Office. “An employer cannot hide behind its policies, even those concerning attendance, if suspending that policy would permit an employee to do his job without any undue burden to his employer.”
For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.
The Indianapolis District Office of the EEOC oversees Indiana, Michigan, Kentucky, and parts of Ohio.
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.
