Thursday, May 22, 2014
There are a couple of interesting news items involving the EEOC. First, the agency recently issued a press release discussing a $110,000 settlement that it reached with Norfork Southern Railway Company. The settlement was in an ADA case that involved an individual with degenerative disc disease. Second, in another ADA claim, a federal judge in the Middle District of Florida recently awarded $150,000 judgment against American Tool and Mold, LLC (ATM). Perhaps more interestingly, however, the judge in the case issued widespread injunctive relief against ATM, requiring the employer
"to provide notice to job applicants that it is an equal opportunity employer; create and implement a disability discrimination policy; provide ATM's management with live training on disability discrimination each year for four years; and post notice of the lawsuit in its facilities. The judgment further requires ATM to conduct a functional job analysis and create written job descriptions for each position subject to a post-offer medical examination. ATM must also ensure that any third-party medical contractors it uses for post-offer medical examinations conducts them in a manner consistent with the ADA. Finally, ATM must report to the EEOC twice a year concerning individuals not hired or terminated as a result of employment medical screenings and people who make complaints of disability discrimination."
It is not unusual for the Commission to obtain this type of widespread injunctive relief. Nonetheless, it demonstrates the importance of compliance with the federal mandates against disability discrimination.