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ADA Blog

 

ADA Blog #129

Companies still don’t understand what it means to provide workplace supports for its employees.

ABCO West Electrical Construction and Design / ABCO Electrical Construction and Design found out the hard way when the EEOC filed and won a disability discrimination lawsuit against them.

The company discriminated against the employee, who has an amputated leg, when it laid him off because of his disability and because he requested a #reasonable accommodation. In addition, the EEOC charged that ABCO West refused to rehire the employee due to his #disability, and in #retaliation for requesting a #reasonable accommodation and reporting ABCO West's discriminatory actions to his labor union and the EEOC. This type of action violates Title I of the #ADA, which prohibits employers from discriminating against qualified individuals with #disabilities and from retaliating for complaining about #discrimination or requesting an #accommodation.

In addition to the monetary settlement of $23,000, the consent decree settling the suit requires that ABCO West must provide training for employees on #disability #discrimination and #retaliation, develop policies prohibiting #disability #discrimination and #retaliation, and post a notice that #discrimination against ABCO West employees is unlawful.

The #ADA protects #disabled employees in every industry, including construction. It is in the best interest of employers to educate themselves about the #ADA and take steps to prevent disability #discrimination in the workplace. #October is “National Disability Employment Month.” This year’s theme is: A Strong Workforce is an Inclusive Workforce. What Can YOU Do? If you haven’t provided training for your employees, now is the time. #October is also an opportune time to review your company's policies to ensure they convey a commitment to an inclusive workplace culture. For more ideas or assistance, contact Springboard.

Shelley

This information should not be construed as “legal advice” for a particular set of facts or circumstances. It is intended only to be a practical guide for participants familiar with this subject. Users should seek appropriate legal advice tailored to address their specific situation.