Local Law Firms Home > Social Security News > Tyson Food To Pay $35,000 in Disability Lawsuit
The EEOC claim filed in May 2010 claimed that Tyson neglected to employ Mark White for an open maintenance position in its Sedalia, Mo., facility because he had epilepsy and that Tyson’s denial to employ White went against the Americans with Disabilities Act (ADA). White’s condition had been managed by prescriptions for twelve years and he had been once been employed by Tyson on two separate occasions during this time period. Nevertheless, Tyson introduced a new medical assessment process since last employing White, and denied employing him because he did not pass a medical test needed for applicants with epilepsy to figure out whether he could properly perform the occupational duties. The physician who ran the test for Tyson did not examine White, but depended on outdated medical information in determining that he could not adequately perform the job. Simultaneously, Tyson hired many other workers with epilepsy who had been grandfathered in.
Aside from agreeing to compensate White $35,000 as back wages and compensatory damages, Tyson agreed to implement a new assessment procedure for comparable claims. Therefore, a claimant who is disqualified from working because of Tyson’s required medical assessment has the prerogative to a second medical assessment at the claimant’s expense. Additionally, a determinative and independent third medical assessment will be made for any applicant not employed after the second assessment.
“The potentially three-step medical assessment process agreed to by the parties is an extraordinary step in the right direction in terms of making sure disabled employees are given a full and fair opportunity to compete in the workplace,” stated EEOC lawyer Melvin Kennedy.
Did you know?
Permanent disability can be an overwhelming psychological alteration for a worker accustomed to clocking in everyday and working a complete week.
You’ll need proper medical treatment and recovery to deal with the facts of lifelong disability and the distress that comes with possible financial ruin, which can loom large over a person coming to terms with how everything has changed.