Paloma Blanca Health Care Associates, LLC, d/b/a Paloma Blanca Health and Rehabilitation, which owns and operates a health and rehabilitation center in Albuquerque, has agreed to settle a disability discrimination lawsuit filed by the EEOC. 

According to the EEOC's suit, Paloma Blanca refused to reasonably accommodate Doug Johnson's disabilities.  The company then fired him because of his medical conditions and/or because he requested the reasonable accommodations he needed.

In January, 2008, Paloma Blanca hired Johnson as a driver in its Paloma Blanca Health & Rehab Center in Albuquerque.  As a driver, Johnson drove a van and took nursing home patients to medical appointments.  Approximately two years later, Paloma Blanca began to require Johnson to perform the duties of the central supply clerk position in addition to his regular driving duties. In this capacity, Johnson ordered medicines, diapers and any items the facility needed (with the exception of food items).  In November of 2011, Johnson had a heart attack and was also diagnosed with other medical conditions, including unstable angina, coronary artery disease, diabetes mellitus and neuropathy.  Johnson requested a reasonable accommodation for his disabilities, in the form of a request for leave under the Family Medical Leave Act (FMLA).  Paloma Blanca approved 12 weeks of FMLA leave for Johnson and notified him of their decision by letter dated Nov. 28, 2011.

After only five weeks of FMLA leave, in a letter dated Jan. 5, 2012, Paloma Blanca notified Johnson that it had eliminated his position and were laying him off due to a "reduction in force" effective Dec. 31, 2011.  However, no other employees were subjected to a reduction in force at that time, the EEOC said, and there were no department- or facility-wide reductions in force during December 2011.

In addition to the substantial monetary relief, the decree requires Paloma Blanca to expunge from Johnson's personnel file any references to the allegations of discrimination, Johnson's participation in the lawsuit or his disabilities.  It also provides an injunction against any future employment practices that discriminate or retaliate and requires Paloma Blanca to review and distribute to employees its policies regarding disability discrimination and retaliation.  The company also agreed to provide its employees with training regarding disability discrimination and procedures for handling requests for reasonable accommodation.  Finally, Paloma Blanca will post a notice emphasizing the company's equal employment opportunity policy and reaffirming its commitment to providing reasonable accommodations for employees and applicants with disabilities.