The U.S. Equal Employment Opportunity Commission (EEOC) has sued a Texas company that fired three brothers because they had a blood disorder, hemophilia A. Hemophilia A runs through these brothers’ family and requires them to undergo expensive medical treatment if they suffer a scrape or other injury that causes bleeding.
The president and vice president of the company, Signature Industrial Services, LLC (“SIS”), allegedly instructed the brothers’ manager to fire them because the president and vice president learned how the company’s health insurance rates would spike if SIS employed the brothers. One manager allegedly refused to fire the brothers but when he left SIS, the president and vice president got another manager to fire the brothers. This manager told the brothers that SIS decided to let them go in connection with a reduction in force, but SIS laid off no other workers at the time it terminated the brothers.
The factors that led SIS to allegedly discriminate against these brothers are very common in disability discrimination cases. Companies often discriminate against workers with disabilities because of the actual or perceived additional costs that come with employing a person with a disability. These additional costs are often not a defense to discrimination unless the employer can show that the costs pose an undue hardship on it.