April 6, 2022

Senior living company Heart of CarDon to pay $115k in disability discrimination lawsuit

Devan Ridgway, WTIU/WFIU News

Devan Ridgway, WTIU/WFIU News

Bloomington-based Heart of CarDon, LLC, has agreed to pay $115,000 to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission.

The lawsuit, which was filed in U.S. District Court in early 2020, says the senior living company violated the Americans with Disabilities Act (ADA) when it would not reposition an employee after she was injured at work.

The employee allegedly fell while working as a certified nurse aide at Heart of CarDon’s Rawlins House location in Pendleton. The injury prevented her from lifting objects above 10 pounds, and, after her recovery, she was told she’d have permanent restrictions on lifting her left arm.

Although she found other jobs that she’d be able to complete without violating her lift restrictions, Heart of CarDon did not hire her for those positions and eventually fired her, the lawsuit claims.

The two sides settled the suit with a consent decree that requires Heart of CarDon to pay the employee $115,000, complete a training on ADA compliance, and assign a human resources manager to work with employees who can no longer do their jobs because of disability.

Heart of CarDon did not immediately respond to a request for comment.

The company operates 20 senior living centers in Indiana and Ohio, including Bell Trace in Bloomington.

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