EEOC Wins Impairment Discrimination Suit Against Payday Lender ‘The Money Store’

Federal Court Awards $56,500 to worker Terminated for manic depression

SEATTLE – Today the U.S. Equal Employment chance Commission (EEOC) announced a triumph in just one of its very first impairment discrimination lawsuits taken up to trial concerning bipolar disorder. Adhering to a four-day bench test, a federal district court joined judgment for $56,500 against Irving, Tex.-based Cottonwood Financial. The court unearthed that the ongoing business violated the Americans with Disabilities Act (ADA) together with Washington Law Against Discrimination (WLAD) when it fired a worker from the Walla Walla, Wash., shop.

After hearing the proof delivered at trial in EEOC v. Cottonwood Financial, Ltd. (No. CV-09-5073-EFS, E. D. Wash.), U.S. District Judge Edward F. Shea noted “Cottonwood’s deficient ADA policies and methods” and found that the business’s half-dozen various rationales for terminating shop manager Sean Reilly had been a pretext for discrimination and that the business had in fact fired Reilly since it regarded him as too disabled to the office as a result of their manic depression.

The court additionally commended Reilly’s efforts to deal with their impairment, achieve educational success and obtain a work. Reilly ended up being an honor pupil in high school whom went to university in Portland, Ore. for a scholarship that is academic. Whilst in university, he had been identified as having manic depression. Whenever their signs forced him to leave college, he came back house to Walla Walla and discovered work at Cottonwood, which does company due to the fact money Store.

Employed as an associate supervisor in June 2006, Reilly ended up being swiftly promoted to keep manager in October and received a award when it comes to popularity of his shop in November 2006. Nevertheless, in belated January 2007, Reilly, by way of a wellness care representative, requested a leave that is short conform to brand brand brand new medicine recommended by their physician to take care of their condition. Reilly alleged that the organization denied this demand, forcing him to come back to get results too quickly. The bucks Store fired Reilly in February 2007 – just days after their significance of sick leave first arose.

The ADA and WLAD outlaw firing a member of staff as a result of disability and prohibit negative work choices inspired, even yet in component, by sick might toward a member of staff’s genuine or identified impairment or request an accommodation. The agency filed suit and was joined by Reilly, through his private counsel, Keller W. payday loans in Newfoundland and Labrador Allen of Spokane after first trying to reach a voluntary settlement with Cottonwood through the EEOC’s conciliation process.

Judge Shea discovered that the money Store broke the statutory law by firing Reilly and awarded him $6,500 in straight back wages and $50,000 for psychological discomfort and suffering. The court additionally issued an injunction that is three-year needing the money shop to teach its supervisors and human resources workers on anti-discrimination and anti-retaliation guidelines.

Following the last purchase had been announced, Reilly stated, “It felt as though years of psychological harm had abruptly been healed. After my diagnosis, i truly challenged myself to conquer the odds and excel at your workplace. To possess my impairment outweigh my performance during my boss’s eyes had been crushing.”

Reilly proceeded, “This instance had been never ever about cash or any type of payback — it had been constantly about doing the right thing to help protect the legal rights of men and women with disabilities. I am hoping this verdict allows others with manic depression to own the same possibility at getting and keeping effective and satisfying professions also to avoid future discrimination. It creates me personally very happy and proud to understand that justice prevailed in this full situation.”

William Tamayo, the EEOC’s local lawyer in bay area, stated, “The court delivered an essential message today that companies can not replace fiction for facts when creating work choices about disabled employees. companies performing on outdated urban myths and worries about disabilities need to find out that the EEOC will not shy far from taking ADA instances to test to create them to the twenty-first century.”

Tamayo respected EEOC Supervisory test Attorney John Stanley for overseeing the litigation, Senior Trial Attorneys Damien Lee and Jamal Whitehead for representing the EEOC at test, and Investigator Annalie Greer for investigating the actual situation allegations.

Reilly’s personal counsel Keller Allen included, “The court saw through the numerous and excuses that are changing by Cottonwood for firing Sean Reilly. This might be a well-deserved success for the hard-working individual that declined allowing their impairment to be utilized to set a restriction on their achievements.”