EEOC Files Disability Lawsuits in El Paso and Ft. Worth Based on COVID Related Discriminati9/1/2021 Fabens Pharmacy and 151 Coffee Took Different Approaches to COVID-19, But Both Violated the ADA, EEOC ChargedDALLAS – The EEOC filed two lawsuits in Texas courts today, alleging that a pharmacy in Fabens and a coffeehouse in Ft. Worth both discriminated against employees with disabilities that rendered them vulnerable to serious illness if they contracted COVID-19. The two employers took different approaches to the virus, but both ran afoul of the ADA.
According to the EEOC’s suit against U.S. Drug Mart d/b/a Fabens Pharmacy, the pharmacy discriminated against a pharmacy technician with asthma who asked to wear a facemask at work as an accommodation of his disability immediately following the COVID-19 outbreak to help protect him from the virus. The employee was harassed because he requested this accommodation and was sent home twice when he asked to wear a mask, and then taunted and humiliated for questioning management’s policy prohibiting masks, leading him to quit, according to the suit. The EEOC filed its suit, Civil Action No. 3:21-cv-00232, in U.S. District Court for the Western District of Texas, El Paso Division, after first attempting to reach a pre-litigation settlement through its conciliation process. In this case, the EEOC seeks back pay, compensatory and punitive damages and injunctive relief. EEOC filed suit in Ft. Worth against 151 Coffee, LLC alleging that the company violated the ADA by denying reasonable accommodation to two baristas with disabilities and terminating their employment. According to the EEOC’s complaint, the employees were not allowed to return to work until a vaccine for COVID-19 was developed, even though they were ready and willing to work. The EEOC filed suit, Civil Action No. 4:21-cv-01081, in U.S. District Court for the Northern District of Texas, Ft. Worth Division, after first attempting to reach a pre-litigation settlement through its conciliation process. In this case, the EEOC seeks back pay, compensatory and punitive damages and injunctive relief. “The employers in this case took actions in response to the COVID-19 pandemic that had the effect of discriminating against disabled employees in violation of the ADA,” said Meaghan Kuelbs, senior trial attorney for the EEOC. “Employees cannot be refused the opportunity to work just because their employer believes it is protecting them from illness. Absent a direct threat to the safety of themselves or others, employers cannot deny employment opportunities based on disability.” Added Sr. Trial Attorney Joel Clark: “Employees with disabilities should not be subjected to harassment, threats and intimidation just because they asked for a reasonable accommodation. That violates the ADA.” The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
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Company Fired Disabled Workers Because of Their Inability to Pass an Essential Functions Test, Federal Agency ChargesFort Smith, Ark. –Hospital Housekeeping Services (HHS) violated federal law when it terminated employees who failed its Essential Functions Test (EFT) because of their disabilities, despite their ability to perform their job, the Equal Employment Opportunity Commission charged in a lawsuit filed today. The lawsuit alleges the EFT screened out individuals with disabilities.
According to the EEOC’s suit, around 2015, HHS began requiring its employees to take the EFT at hire, annually, and upon the return from a medical leave of absence. When the employees failed any portion of the EFT, HHS terminated their employment. In all cases, the employees had successfully performed the essential functions of their jobs even though they failed to pass the EFT, the EEOC said. Such alleged conduct violates the Americans with Disabilities Act. The EEOC filed suit in U.S. District Court for the Western District of Arkansas, Fort Smith Division, Civil Action No. 2:21-cv-02134, after first attempting to reach a pre-litigation settlement through its conciliation process. The suit seeks monetary relief in the form of back pay and compensatory damages, as well as an injunction against future discrimination. “Terminating employees with disabilities who can perform the essential functions of their job violates the ADA. The EEOC will aggressively defend the rights of employees with disabilities to successfully work in an environment that promotes the work abilities of that employee,” said Edmond Sims, acting district director of the EEOC’s Memphis District Office, which has jurisdiction over Arkansas, Tennessee and portions of Mississippi. “Employees with disabilities make up a vital portion of the workforce.” Headquartered in Dripping Springs, Texas, HHS operates in hospitals in approximately thirty States throughout the United States to provide housekeeping services, maintenance services, and dietary services. Additionally, HHS operates housekeeping services at facilities in Fort Smith, Helena-West Helena, Forrest City, and Little Rock, Arkansas and in Memphis, Dyersburg, and Clarksville, Tennessee, and Olive Branch, Mississippi. The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates. |
AboutA news blog on issues in the community of people with disabilities and accessibility. The Center for Disability Empowerment Archives
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