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Staffing Firm to Pay $80,000 in Epilepsy Suit

August 14, 2012

An Illinois-based temporary staffing firm will pay $80,000 to settle a lawsuit that alleged it effectively terminated a contingent worker because he had epilepsy, the U.S. Equal Employment Opportunity Commission reported Monday.

JES Personnel Consultants Inc. — which does business as Genie Temporary Service with an office in LaSalle, Ill. — placed an employee at Clover Technologies Group LLC to unpack and sort ink cartridges, according to the EEOC. However, the employee suffered a brief epileptic seizure on his first day of work.

Clover allowed the employee to work the remainder of the day, but it required he bring a physician’s note authorizing him to continue working, according to the EEOC.

The employee brought a note to JES Personnel the next day, but he was not permitted to return and effectively terminated, according to the EEOC. The staffing firm did not indicate whether the note was inadequate and didn’t forward the note to Clover.

JES Personnel is going out of business, but the EEOC reported the company will have to adopt a policy to comply with the Americans with Disabilities Act if it re-establishes its business.

“Employment agencies need to promptly advise their employees if they conclude that a medical authorization does not present sufficient evidence that the employee is qualified to work,” said John Hendrickson, EEOC regional attorney for the Chicago district office. “That would then allow the employee to seek further information from his or her doctor.”