68-year-old denied job after Lupus diagnosis won $6million

[Adminஐﻬ]

Woman awarded $6 million in bias suit against Abbott
68-year-old denied job after Lupus diagnosis

February 14, 2007

Abbott Laboratories must pay $6 million to a woman who alleged the company discriminated against her by refusing to fairly consider her for a job because of her age and disability, a federal jury decided Friday.
The jury awarded $5.4 million in punitive damages and $600,000 in compensatory damages to Carol Tomao, who had worked at a North Chicago-based Abbott facility as a contract employee classified as an asset tech.

Tomao alleged in the civil suit that after being assured for several years she would be converted to an Abbott employee once she proved herself in the position and the health care products company made the position permanent, she was denied the opportunity after she was diagnosed with Lupus.

During an interview for the position, a job that entails physical activity, Abbott's manager told Tomao that "we're all getting older and can't do things we used to" and asked her if she could still "get out there and climb around anymore," said Tomao's attorney Noelle Brennan.

Abbott filled the position with a "non-disabled twentysomething-year-old" and when Tomao complained, she was out of a job within days, her attorneys said.

Tomao, who is 68, was 64 at the time.

"Abbott believes there is no basis for this verdict and plans to appeal the decision," said company spokesman Jonathon Hamilton.
www.LupusMCTD.com