CHAMBERSBURG, Pa. — The U.S. Attorney's Office filed a lawsuit against the Franklin County Jail this week, accusing officials of discriminating against a staff member who suffered from Lyme Disease.
The lawsuit alleges that the jail's administrators unlawfully terminated a corrections officer whose disability limited her ability to walk, stand, concentrate, and sleep. The officer petitioned administrators to modify the jail's policy that a probationary employee could only have two unscheduled absences during their probationary period.
According to the lawsuit, administrators gave the employee an accommodation, but later used it to fire her.
Their actions violated Title 1 of the Americans With Disabilities Act, the lawsuit alleges.
"Employers must make reasonable accommodations so that employees with disabilities can earn a living," said U.S. Attorney Gerard M. Karam. "Lyme Disease creates debilitating health issues for numerous Pennsylvanians yearly, and employers should find reasonable solutions to allow employees with any kind of disabilities to work and not terminate them because of that disability.
"The U.S. Attorney's Office will continue to enforce civil rights laws and ensure equal opportunities for all."
Title 1 of the ADA prohibits employers from discriminating against a qualified individual based on disability regarding hiring, advancement, or discharge of employees, employee compensation, and other terms, conditions, and privileges of employment, Karam said.
An employer may not demote, terminate, or deny employment opportunities to an employee who is otherwise qualified if the demotion or termination is based on the need to make reasonable accommodations for the employee, according to Karam.
According to Karam, the U.S. Employment Opportunity Commission Philadelphia District Office found that the jail violated the ADA and referred the matter to the Department of Justice.
