A Fort Smith fabrication company was sued Wednesday by the U.S. Equal Employment Opportunity Commission over its refusal to allow an employee to return to work after a medical leave of absence.
Custom Fabrication & Engineering, doing business as Midwest Automation Custom Fabrication Inc., violated federal law when it denied the longtime employee's request to return to work based on a perceived disability, according to the commission's office in Little Rock.
The commission alleged that the company then fired the man in retaliation for his filing of a complaint with the commission.
The employee had suffered a stroke in October 2016 and was off work for a time to recuperate, the commission said in a news release. It said that when he tried to return to work, the company refused to allow it, even though he had obtained releases that the company required. The owner of the company also asked the employee why he had filed a complaint with the agency, which enforces federal laws prohibiting employment discrimination, and told him the job was "not going to work out," according to the news release.
The Americans with Disabilities Act prohibits discrimination based on real or perceived disabilities, and protects employees from retaliation for complaining about discrimination.
The lawsuit was filed in U.S. District Court for the Western District of Arkansas in Fort Smith after the Equal Employment Opportunity Commission first tried to reach a pre-litigation settlement with the company through its conciliation process. The suit seeks back pay, compensatory and punitive damages, compensation for lost benefits and an injunction against future discrimination.
The commission noted that in June, Custom Fabrication merged with Midwest Automation of Arkoma, Okla., to form Midwest Automation Custom Fabrication Inc. It describes the company as an integrated fabrication company that designs, engineers and installs structural steel for commercial and industrial companies across North America.
An official with the company couldn't be immediately reached for comment Thursday.
Metro on 08/17/2018