Employee wins finding of wrongful termination from EEOC in ADA claim, but federal court issues summary judgment for employer
An employee of a high-tech firm alleged that he suffered from a disability and consequently was terminated in violation of the Americans with Disabilities Act. In the course of exhausting his administrative remedies prior to suit, the EEOC uncharacteristically found that the employer had indeed violated the ADA. Armed with this EEOC finding, the employee filed suit in federal court for wrongful termination, failure to accommodate a disability and discrimination due to disability.
In an 14-page decision, District Judge John E. Dowdell awarded summary judgment to the employer on all claims. Jo Anne Deaton and Denelda Richardson presented the employer’s defense. This result serves as a reminder that an adverse decision by the EEOC is not the end of the road for an employer that utilizes good human resources practices. Gandall v FSI, No. 12-CV-82, United States District Court for the Northern District of Oklahoma (June 5, 2013).