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The Great EEOC Roundup: April Edition


As always, there are some EEOC cases that jump out at me when I review developments on that front.  Below are a couple EEOC cases and settlements that stand out.


The Salvation Army to Pay $55,000.00 to Settle Disability Discrimination Suit

A few weeks ago, it was announced that The Salvation Army would pay $55,000.00 to settle a disability discrimination suit after it refused to hire an applicant for a donation attendant position at a thrift store location in Alaska.  The applicant, Eric Yanusz, has an intellectual disability and would have been required to accept and sort donated clothing, furniture, and household goods.  After an apparent successful first interview, the EEOC alleged that The Salvation Army imposed a "highly unusual second interview" on Yanusz and ultimately chose not to hire him due to "unfounded concerns about his ability to interact with the public."  (Interesting enough, no details were given as to what all the second interview entailed).  This alleged conduct was in violation of the Americans with Disabilities Act which prohibits employers from discriminating against applicants or employees because of a disability.


Hertz to Pay $45,000.00 to Settle Disability Discrimination Suit

In a recent lawsuit, the EEOC alleged that Hertz actively recruited Norman "Dan" Newton to work in its car sales division in Denver, after  Newton's resume was found online.  At an interview, a Hertz manager expressed reservations about Newton's use of a cane and questions over his mobility.  At a later time, Newton was informed that Hertz went with two other applicants instead, although those applicants had less car sales experience than Newton.  Newton subsequently filed suit against Hertz based upon a disability discrimination cause of action.  As noted above, the Americans with Disabilities Act prohibits employers from discriminating against applicants or employees because of a disability.  In this instance, it appears that Hertz discriminated against Newton because of his use of a cane (and concerns over his mobility) when it did not hire him.


EEOC Settles Disability Discrimination Suit With Macy's for $75,000.00

Perhaps this month's post should be called the Great Disability Discrimination Roundup?  In August of last year, the EEOC filed suit against Macy's after an employee with asthma was terminated after she missed a day of work because of her asthma.  Apparently the employee needed immediate medical attention for her asthma, went to the emergency room, and took a day off work.  Although Macy's permits excused absences for disability related reasons, Macy's denied the employee's request to have the absence excused and terminated her a few weeks later.  The Americans with Disabilities Act prevents discrimination against applicants or employees because of a disability (as set forth above) and also requires employers to reasonably accommodate disability related absences that enable their employees to perform their job.  

While all the above disability discrimination claims appear to involve unlawful conduct by the employers, I think they all got progressively "worse", in comparison to each other.  Employers, use the conduct of The Salvation Army, Hertz, and Macy's as evidence that even somewhat lesser violations of the ADA are still actionable conduct that could expose you to liability.  Tread carefully.

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