EEOC sues for discrimination against bipolar employee

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By Tony Ogden
Dolan Media Newswires

The Equal Employment Opportunity Commission has filed a lawsuit in federal court in Denver alleging that a large retail food company refused to accommodate and unlawfully fired a receptionist at its headquarters because she had bipolar disorder.

According to the suit, Dillon Companies, which does business in Colorado as King Soopers, Inc., refused to accommodate Kelly Ferris’s need for sufficient time off to manage her bipolar disorder. Hired as a receptionist in 2003, Ferris worked at King Soopers’ headquarters in Denver for five years before she was discharged while on medical leave. Ferris asked to use the company’s 18-month medical leave policy, explaining that she needed the time to manage a flare-up in her disability, but during her fifth month of leave, King Soopers fired her for failing to report to work without permission.

The EEOC filed suit in U.S. District Court for the District of Colorado after first attempting to reach a voluntary settlement through its conciliation process. The suit is seeking monetary damages on behalf of Ferris, training on anti-discrimination laws, an injunction, posting of anti-discrimination notices at the work site and other injunctive relief.