Home Health & Hospice Week

Industry Notes:

Kindred Settles Disability Suit

If you don’t have six figures to spare, you’d better make sure you are complying with discrimination laws as enforced by the U.S. Equal Employment Opportunity Commission.

Kindred at Home has learned that lesson the hard way, judging from a $160,000 settlement of a disability discrimination lawsuit. The EEOC’s suit charged that Gentiva Health Services, doing business as Kindred, learned that one of its employees suffered from Morton’s neuroma and capsulitis of the metatarsophalangeal joints of both feet, the commission says in a release. “The employee initially asked to telecommute for three weeks as an accommodation for her disability and in accordance with her doctor’s recommendation to stay off her feet. Kindred originally allowed her to telework for a week but then reversed its decision and unilaterally placed her on unpaid leave without benefits for four months, despite the fact she could perform the essential functions of her job,” according to the EEOC.

Under the two-year consent decree resolving the lawsuit, Kindred will pay $160,000 in monetary damages to the employee and agreed to regular reporting, monitoring, annual training, distribution of ADA policies, and notice posting, the EEOC says.

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