Tonawanda company being sued for ADA violations

Aug 1, 2018

Two companies who denied an accomodation to an employee with a kidney problem are being sued by the Equal Employment Opportunity Commission.

The EEOC says it is taking action against Remedy Intelligent Staffing LLC of California and Lornamead Inc. of New York City.

Remedy is a nationwide professional staffing organization with over 50 years of recruiting and selection expertise to match job candidates with positions. Lornamead is part of the international Li and Fung group, a marketer of personal care brands, established in 1978.

Remedy hired David Gaiser in June 2013 to work at Lornamead's Tonawanda facility. Gaiser's kidney condition worsened during his tenure at Lornamead, and rather than granting his numerous requests to allow him a chair to sit on the job or a transfer to another part of the plant, Lornamead terminated his employment and Remedy did not place him elsewhere.

“Employers have a legal duty to provide reasonable accommodations to people with disabilities,” said Jeffrey Burstein, regional attorney for the EEOC’s New York District Office. “As joint employers, Remedy and Lornamead both failed to comply with their obligations under the law, and unnecessarily deprived the employee of a job he enjoyed and performed successfully for three years.”

The allegations are in violation of the Americans with Disabilities Act, which is prompting the EEOC legal action.