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DAP Inc. accused of discrimination and violation of the ADA

The Equal Employment Opportunity Commission has filed a lawsuit against DAP Inc., an adhesives and sealants manufacturer in a federal court. The complaint involves the company's Dallas, Texas plant, which is one of three in the United States. The defendant stands accused of discrimination because it apparently terminated a worker due to his need for medical accommodations after his surgery.

The plaintiff started working for DAP in 2006. In Jan. 2012, he underwent prostate cancer surgery. After his procedure, he took a medical leave of absence to recover. When the 56-year-old man was authorized medically to return to work, he had to wear a catheter.

The plaintiff claims that after he disclosed his necessity to wear a catheter, he was bared from returning to work. He was later fired for being on extensive leave. DAP contends that the plaintiff's return to work was not only about his safety, but also the safety of his co-workers. The spokeswoman also commented that in accordance with Family and Medical Leave Act, the accommodation for the man's needs would be based on positions that were open in the company.

The agency alleges that the defendant did not comply with the law because the plaintiff was not given the opportunity to be transferred to another position that he was qualified to fill. The Texas DAP plant is accused of violating the Americans with Disabilities Act by engaging in discrimination based on his disability. The EEOC seeks monetary damages and lost wages on behalf of the former employee.

Source: The Dallas Morning News, "EEOC sues DAP Products' Dallas caulk, adhesives plant in cancer case", Karen Robinson-Jacobs, Oct. 22, 2015

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