EEOC on a Roll: Taking Action Where It’s Highly Warranted
For those who may not be fully aware, the EEOC stands for the U.S. Equal Employment Opportunity Commission. It is a large governmental entity funded, created, and supported by the Federal Government. The EEOC is responsible for enforcing laws that prohibit discrimination in the workplace.
Recently, the EEOC filed a series of lawsuits against companies found to be discriminating against employees with disabilities. These lawsuits were filed to enforce the Americans with Disabilities Act (ADA). Unfortunately, discrimination against individuals with disabilities is still prevalent in workplaces where their capabilities and knowledge are often questioned solely due to their disability.
The EEOC filed lawsuits against the following companies:
1. EEOC v. TNNY Hotel, LLC, Ned NY 28th, LLC, Soho House & Co Inc., and TNNY Restaurants, LLC
This lawsuit was filed because the company failed, or rather refused, to accommodate an employee with a medical condition that restricts her from standing for long periods. Although the employee provided a medical note from her physician recommending accommodations, such as a stool to assist her in performing her essential duties, the company denied the request. The company’s refusal to provide this simple accommodation shows a disregard for her condition and needs.
2. EEOC v. Smith’s Detection Inc.
This lawsuit was filed after the company demoted an employee with a disability—not because the employee was unable to perform essential duties, but because the company did not want to provide appropriate accommodations, such as personal protective equipment to protect the employee’s hearing. Rather than supporting the employee’s needs, the company chose to penalize the employee with a demotion. Enter the EEOC.
3. EEOC v. Holsum of Fort Wayne, Inc.
This lawsuit was filed due to the company’s refusal to modify its policy to allow an employee to use a supportive crutch (a walker) recommended by her physician. The bakery’s refusal made it nearly impossible for the employee to access her workstation, restroom, and break room. Instead of complying with the physician’s orders and supporting the employee, the company forced her to take leave, ultimately terminating her employment.
While we often emphasize that discrimination is wrong and almost guarantees a lawsuit, it is vital to implement the proper processes and procedures within your workplace to ensure that discrimination of any kind does not occur. Don’t be like these companies, whose sense of entitlement outweighed their responsibility to support their employees.
For full article on these lawsuits, Click here
Author: The Impartial Lab. ( M.TIL)
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