EEOC - U.S. Equal Employment Opportunity Commission

09/20/2024 | Press release | Distributed by Public on 09/20/2024 12:30

EEOC Sues Navitas Systems for Disability Discrimination

ANN ARBOR, Mich. - Navitas Systems, LLC., a company specializing in comprehensive energy storage solutions and battery manufacturing, violated federal law by using an unlawful company policy to deny a reasonable accommodation to an employee with a disability, and then terminated the employee, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

According to the suit, Navitas maintained a policy which required an employee returning from any type of medical leave to have a "100% release for work." The former employee, who was employed as a divisional controller, suffered a severe rotator cuff injury and fractured wrist in April 2020. His doctor restricted him from using his left arm but cleared him to return to work with restrictions. He requested permission to return to work despite Navitas's policy, as he could perform all the essential functions of his position using his right arm. Navitas applied its policy, refused to allow him to work, and then fired him.

Such alleged conduct violated the American Disabilities Act of 1990 (ADA), which prohibits discrimination based on disability. The EEOC filed suit (Case No. 2:24-cv-12478-BRM-APP) in U.S. District Court for the Eastern District of Michigan) after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC is seeking back pay, compensatory damages and punitive damages on behalf of the former employee, as well as injunctive relief to prevent future discrimination.

"Policies that require an employee to be restriction-free before returning to work run afoul of the ADA," said Miles Uhlar, trial attorney for the EEOC's Detroit Field Office. "This employee could have performed the essential functions of his position. By strictly applying its '100% release' policy, Navitas violated the ADA."

For more information on disability discrimination, please visit www.eeoc.gov/disability-discrimination-and-employment-decisions. For more information on reasonable accommodations, please visit https://www.eeoc.gov/eeoc-disability-related-resources/reasonable-accommodation.

The EEOC's Detroit Field Office is part of the Indianapolis District Office, which oversees Michigan, Indiana, Kentucky and parts of Ohio.

The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.