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Tennessee workers who require reasonable accommodations from an employer to deal with a disability may be interested to learn that a lawsuit was filed on Sept. 28 against Home Depot for failing to offer such accommodation to an employee. According to the lawsuit, an employee who suffers from irritable bowel syndrome and fibromyalgia requested a short break to attend to her medical condition and was refused.

The case will be heard in the U.S. District Court for the Northern District of Illinois. It has been brought by the U.S. Equal Employment Opportunity Commission after the agency tried to reach a settlement but was unable to do so. The EEOC contends that the company fired the employee for minor infractions that only occurred because of its failure to offer reasonable accommodation in the first place.

The lawsuit is seeking punitive and compensatory damages as well as back pay. It is also seeking to improve Home Depot’s practices in the future. The location of the store that is the focus of the lawsuit is in Illinois although the company is based in Georgia.

People who feel they are facing workplace discrimination as defined by the Americans With Disabilities Act may want to discuss the situation with an attorney. The reasonable accommodation required by the ADA in the workplace may include assigning a person to a similar line of work that can be performed with the disability. It may be possible to address some violations in the workplace, but an employee may still want a consultation with an attorney about employee rights and how best to document the situation. If the employer does not address the employee’s concerns and will not agree to a settlement, the case might go to court.

Source: National Law Review, “EEOC Sues Home Depot For Disability Discrimination,” Oct. 3, 2017