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Insource Performance Solutions Faces Suit after Firing a Worker with Asthma

Refusing to grant an employee’s request for accommodation can lead to a lawsuit.

It dawned on Insource Performance Solutions Inc., located in Rock Hill, South Carolina, when its employee filed a complaint after a rejected request for accommodation.

According to reports, Kendell Nichols has a history of asthma. He applied as a forklift driver at Insource Performance Solutions, a labor services provider, and was assigned to its client named LeGrand on October 2009. He was directed to transport electrical items at the warehouse.

As stated in the suit, Nichols was asked to count inventory on June 26, 2010. The worker noticed the high temperature at the facility and the height of storage. He used his forklift to transport the items on the floor instead of standing atop on the picker. When his supervisor reprimanded him for such method, he explained that the working conditions might trigger his asthma. The manager responded by sending him home that day and fired him on June 28.

The aggrieved employee filed his complaint with the US Equal Employment Opportunity Commission (EEOC). He argued that his employer failed to accommodate his disability and fired him illegally.

The EEOC filed the lawsuit in US District Court for the District of South Carolina. The federal agency is seeking compensatory and punitive damages on behalf of the aggrieved employee.

Failure to grant a disabled employee’s request for accommodation is a violation of Title VII of Civil Rights Act of 1964. The worker’s illness or medical condition should not be a factor in discriminating or terminating his or her employment contract. The employer has a responsibility in ensuring that technological aid or help is accessible for the employee.
This action aims to assist the worker in overcoming his disability and fulfilling job responsibilities.

By all means, rejecting a worker’s petition for accommodation and firing him on the basis of his or her disability is misconduct and carries penalties.

The employer should have helped the employee fulfill his inventory task rather than firing him. Such act causes the man to lose his source of living and contend his right for it. This situation prompts the EEOC to pursue charges against the employer and seek damages on behalf of the worker.

For more information on disability discrimination lawsuit, you may consult with an employment lawyer in Los Angeles. Your attorney will guide you throughout the process of litigation. You may dial 1-866-772-2889 or email us at for a free case analysis.

Posted in employment discrimination, Labor Laws, Wrongful Termination.

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