The U.S. Equal Employment Opportunity Commission



Company Unlawfully Fired Employee With End Stage Renal Disease, Federal Agency Says

MIAMI – Aveva Drug Delivery Systems, Inc., a Miramar, Fla.-based transdermal patch manufacturer, violated federal law when it fired an employee because of her disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

According to the EEOC’s suit, EEOC v. Aveva Drug Delivery System, Inc., Case No. 09-CV-61172-DIMITROULEAS/SNOW, filed in U.S. District Court for the Southern District of Florida, Aveva discriminated against an employee with a disability who receives dialysis treatments for her End Stage Renal Disease. The EEOC says the employee, a 50-year-old woman, had a catheter in her arm that was used for dialysis treatment. The employee injured her arm and required medical treatment requiring a leave of absence. Aveva fired the employee shortly after she returned from an approved leave of absence related to her disability, the EEOC charges.

Such alleged conduct violates Title I of the Americans With Disabilities Act (ADA). The EEOC filed the lawsuit after first attempting to reach a voluntary settlement with Aveva out of court.

“Too many employers still discriminate against individuals with disabilities based on myths, fears or stereotypes,” said Jacqueline McNair, director of the EEOC’s Miami District Office. “We brought this lawsuit because the underlying purpose of the ADA is to eliminate employment discrimination for individuals with disabilities who are qualified to do the job. Employers must remember that disability does not mean inability.”

EEOC Regional Attorney Nora E. Curtin added, “Workers with disabilities should not have to choose between keeping their jobs and getting medical treatment. Employers must treat disabled employees with dignity and respect and not discard them as liabilities.”

Aveva Drug Delivery Systems, Inc. researches, develops, and manufactures transdermal products such as nicotine patches used by consumers to stop smoking.

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

The EEOC Miami District Office is responsible for processing charges of discrimination, administrative enforcement and litigation in Florida, Puerto Rico and the Virgin Islands. The Miami District Office has a Field Office in Tampa and a Local Office in San Juan.

This page was last modified on August 3, 2009.

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