Perceived Disability Costs Company $95,000, More Training

A Maryland-based storage facility will pay $95,000 and provide “other substantial relief” to settle a perceived disability discrimination lawsuit filed by the EEOC.

According to the EEOC, the company unlawfully fired a maintenance worker who had a visible disfigurement due to severe burns. Although he was physically capable and willing to perform all his job duties, he was fired after meeting the acting district manager, who said that he “noticed he was handicapped, deformed or something,” and “it’s clear he can’t get the job done.” In addition to monetary relief, the consent decree requires at least two hours of training on the requirements and prohibitions of the Americans with Disabilities Act. Additionally, all newly hired managers and supervisory personnel must receive ADA training within 30 days after their employment commences. The EEOC says it will closely monitor the quality and content of all training and will require the employer to post a notice affirming its commitment to complying with the ADA. The company agreed to submit to further monitoring of their premises and records and the EEOC may interview employees concerning compliance for the decree’s two-year duration.