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Dayton Superior Corporation to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

January 4, 2013
Source: U.S. Equal Employment Opportunity Commission (EEOC)

Federal Agency Charged Company Fired Employee Because of Her Bipolar Disorder

Dayton Superior Corporation, a nationwide provider of concrete and masonry construction products, will pay $50,000 to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

In its lawsuit filed on Sept. 26, 2012 in U.S. District Court for the Northern District of Georgia (Civil Action No. 2:12-cv-00227), the EEOC charged that Dayton Superior Corporation discriminated against Chassity Brady, a quality control lab technician in its Braselton, Georgia, facility, by unlawfully firing her in August 2011 for taking medication that had been prescribed by her doctor for her bipolar disorder. While at work, Brady suffered an adverse reaction to the prescribed medication and the employer required her to submit to a drug test. Although the only substances found in Brady's system were the medications prescribed to treat her disability, the employer immediately terminated her after the test results were revealed.

"The EEOC filed this case because the evidence indicated Ms. Brady was terminated because her disability required her to take medication," said Robert Dawkins, regional attorney for the EEOC's Atlanta District Office. "Making employment decisions on the basis of stereotypical assumptions about disability-based medications is one of the problems the ADA was designed to combat."

The consent decree settling the suit, in addition to monetary relief for Brady, includes provisions for equal employment opportunity training, reporting, and postings.

The EEOC is responsible for enforcing federal laws prohibiting employment dis­crim­ination. Further information about the EEOC is available on its web site at

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