A Honda dealership in Covington, Louisiana agreed to pay a former employee $ 100,000 to settle a lawsuit filed by the United States Equal Employment Opportunity Commission (EEOC) for allegedly breaking employment law. Americans with disabilities.
The lawsuit accused Honda of Covington of discriminating against an employee for having Attention Deficit Hyperactivity Disorder (ADHD) and for taking ADHD medication prescribed by his doctor.
According to the lawsuit, the employee revealed during the hiring process in August 2016 that she had ADHD and Adderall had to manage the condition. The employee took a drug test that initially came back positive for amphetamines, which Adderall contains, but “after checking [the employee’s] prescription, the medical screening officer issued a final “negative result” and the employee began work.
At the end of September, the employee’s husband had a motorcycle accident for which he had to go to the hospital. The lawsuit alleges that just over a week later, a Honda of Covington official told the employee she looked “emotional” and told her to stop taking her medication.
A few days later, on October 11, 2016, the employee reported to work without taking her ADHD medication. The same manager allegedly told the employee that she was ‘acting in a strange, quirky and fuzzy way’, to which the employee replied that it was because she had followed her instructions and had not taken Adderall. before going to work. The manager then ordered the employee to take a drug test.
The employee took a drug test at the Kwik Clinic and Occupational Health, the same clinic where the employee had her first drug test, and again the initial results returned a “Suspected positive”. The employee was told that a medical review officer would contact her to review her prescription for Adderall. The same day, the clinic sent Honda of Covington a copy of the initial results indicating in “large letters marked with asterisks” that the results were not yet confirmed.
Three days later, on October 14, a medical examination officer contacted the employee and rechecked her prescription. The employee then received another phone call, this time from the manager who told her she had been fired for testing positive. The employee informed the manager that she had just spoken with the Medical Review Officer, but the manager replied that the decision had already been made. The employee asked how he would explain his termination when the end result came back negative.
“I don’t think that’s going to happen. We will cross this bridge if we get there. the manager would have responded.
The clinic sent the results to the employer the same day. On the termination form, also completed on October 14, the manager wrote “The employee appeared weakened on 10/11. Sent for a drug test. Results not resolved before 10/14.
In addition to paying the employee $ 100,000 in backpayment, Hollingsworth Richards, LLC, which operates Honda of Covington, agreed to provide training on disability discrimination to managers and employees.
“The EEOC is pleased with this resolution. This decree protects the rights of employees under the [Americans with Disabilities Act]Said Rudy Sustaita, regional attorney for the Houston District Office of the EEOC.
A man with the same name and title as the one who is the subject of the lawsuit is currently listed as a staff member at the recreational vehicle dealership adjacent to Honda of Covington with which he shares part of the property.