Construction Company to Pay $135,000 to Settle EEOC Lawsuit for Disability Discrimination

Source: U.S. Equal Employment Opportunity Commission (EEOC)

DENVER – A Casper, Wyo.-based heavy construction company has agreed to pay $135,000 and furnish other relief to settle a disability  discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission  (EEOC), the federal agency announced today.

According to the EEOC’s lawsuit, millwright Matthew Gilkey, despite satisfactorily performing his job for several weeks, was fired by the company on Oct. 27, 2006, because of the need to make reasonable accommodation for his physical impairments, which included a leg amputation. The EEOC also claimed the company refused to allow Gilkey to return to work unless he provided medical documentation that he could perform his job duties without medical restrictions. The EEOC further alleged the company also failed or refused to engage Gilkey in good-faith discussions about accommodations he had requested and the company had previously provided but then withdrew.

In addition to the monetary settlement, the company has agreed, among other things, to provide its employees, supervisors, and managers with annual training for two years on the Americans with Disabilities Act, and to make periodic reports to the EEOC.

“We commend (the company) for addressing this case head-on,  for being willing to work with our Denver Field Office to resolve it, and for  its commitment to better educate its management team and work force,” said EEOC  Regional Attorney Mary Jo O’Neill of the Phoenix District, which includes  Wyoming. “We believe this resolution will help foster a discrimination-free workplace going forward.”

EEOC Denver Field Office Director Nancy Sienko said, “The EEOC stands ready to assist all victims of job discrimination. The volume and increase in ADA charges demonstrate the EEOC's need to stay vigilant in the fight for rights of the disabled.”

TIC Wyoming provides direct-hire construction services to traditional industrial markets.

The EEOC enforces federal laws prohibiting employment discrimination. The Phoenix District Office covers Wyoming, Colorado, Utah, Arizona and part of New Mexico. Further information is available on the EEOC’s website at www.eeoc.gov.

To learn more about employment discrimination laws, or to protect your company from potential liability with the latest training and updates, please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com