HOTEL FIRES WOMAN WITH RESPIRATORY DISABILITIES WHO NEEDED TO USE OXYGEN IN THE WORKPLACE; Equip for Equality Files Suit

FOR IMMEDIATE RELEASE

Rachel Weisberg
Staff Attorney
312.895.7319

Barry C. Taylor
VP for Civil Rights 
312.895.7319

HOTEL FIRES WOMAN WITH RESPIRATORY DISABILITIES WHO NEEDED TO USE OXYGEN IN THE WORKPLACE

Equip for Equality Files Suit to Address Discriminatory Termination

CHICAGO (October 3, 2013) Today, Equip for Equality filed a federal civil rights lawsuit against the Paddle Wheel Inn for its discriminatory termination of Donna Colvin, an employee with disabilities who needed to use oxygen in the workplace. The lawsuit was filed in the United States District Court in the Northern District of Illinois, Western Division.

Ms. Colvin was a front desk clerk at the Paddle Wheel Inn for four years. She has asthma, chronic obstructive pulmonary disease and sleep apnea. As a result of these disabilities, her doctor recommended that she use oxygen at work. When Ms. Colvin told her employer about her doctor’s recommendation, she was terminated.

“I loved my job and I am heartbroken that I was fired because of my disabilities,” said Donna Colvin. “I was prepared to continue working at the hotel using oxygen, but my employer never gave me the chance.”

The lawsuit was brought under the Americans with Disabilities Act (ADA), which prohibits discrimination against people with disabilities in a variety of settings, including the workplace. Under the ADA, employers are required to engage in an interactive process when employees with disabilities need an accommodation.

“The Paddle Wheel Inn completely disregarded its responsibilities under the ADA, and did not even consider allowing our client to use oxygen in the workplace so that she could continue her employment,” said Rachel Weisberg, lead attorney on the case for Equip for Equality. “The hotel’s conduct is a clear violation of federal law.

Prior to filing the lawsuit, the Equal Employment Opportunity Commission issued a finding of reasonable cause that the Paddle Wheel Inn had violated the ADA. (more) Colvin v. Paddle Wheel Inn/add one

“We brought this case not only to vindicate our client’s rights, but also to educate employers that under the ADA they have an obligation to accommodate people with disabilities in the workplace,” said Barry Taylor, Vice President for Civil Rights and Systemic Litigation at Equip for Equality.

The lawsuit also alleges that the Paddle Wheel Inn and two of its management staff violated the Fair Labor Standards Act and the Illinois Minimum Wage Law. Ms. Colvin worked in excess of 40 hours per week for three years, but was not properly paid overtime compensation.

A copy of the Complaint can be found at www.equipforequality.org

Reference:

Colvin v. Paddle Wheel Inn
U.S. District Court, Northern District of Illinois, Western Division
Case No.3:13-cv-50318

Colvin - Complaint Filed 10-3-13.pdf 132K   View   Download

Colvin - Press Release for Complaint 10-3-13.docx 43K   View   Download