Leading Food Service Provider to Pay More than $90,000 and Offer Jobs to Settle Disability Bias Lawsuit
Source: U.S. Equal Employment Opportunity Commission (EEOC)
INDIANAPOLIS – A leading food service giant will pay more than $90,000 and offer jobs to discrimination victims to settle a class disability discrimination suit brought by the U.S. Equal Employment Opportunity Commission, the agency announced.
The EEOC charged in its suit filed in U.S. District Court for the Southern District of Ohio, Eastern Division, the company violated federal law by failing to allow employees with disabilities to return to work without a full-duty, no-restriction doctor’s release. The EEOC asserted this policy violated the Americans With Disabilities Act (ADA). The agency said disabled employees who had been on leave and are able to return to work with some physical restrictions, but are still able to perform their jobs, should be allowed to do so. The policy adversely affected more than 80 employees in several states, including Ohio, New York, Pennsylvania, Michigan, Illinois, Kentucky, and West Virginia.
The consent decree settling the suit provides the company will offer jobs to discrimination victims named in the decree, make payments to individuals who are not provided jobs, comply with the ADA, and train managers on the provisions of the ADA.
According to company information, the Warren, Ohio-based company is the largest independently owned and operated food service in the United States, maintains vending and dining services in commercial locations such as factories, universities, and health-care facilities.
“Due to (the company’s) cooperation, we were able to find an amicable resolution to this case early in the process,” said Laurie A. Young, regional attorney of the EEOC’s district office in Indianapolis. “Employers should be aware that the most recent amendments to the ADA became effective on January 1 of this year, and those amendments made substantial changes to the ADA as interpreted by the courts.”
To find out more about ADA or how to recruit and retain employees with disabilities, please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.