Federal Agency Alleges Bakery, Hotel, and Manufacturer Failed to Accommodate Employee Disabilities
WASHINGTON, DC (STL.News) The U.S. Equal Employment Opportunity Commission (EEOC) filed a trio of lawsuits in three different industries to enforce the Americans with Disabilities Act.
“The ADA has been the law of the land for nearly 35 years, but unfortunately, many qualified individuals with disabilities still aren’t getting the common-sense accommodations they need in order to do their jobs and be fully included in the workplace,” said EEOC General Counsel Karla Gilbride. “The EEOC will continue to step in and enforce the law when inflexible employer policies or outdated stereotypes prevent disabled workers from reaching their full potential.”
On August 29, 2024, the EEOC filed:
EEOC v. TNNY Hotel, LLC, Ned NY 28th, LLC, Soho House & Co Inc., and TNNY Restaurant, LLC, Case No. 1:24-cv-6487 in the U.S. District Court for the Southern District of New York. The agency filed against four entities that own or operate The Ned NoMad hotel and members’ club in Manhattan after they refused to accommodate an employee whose knee condition limited her standing or walking to no more than 30 minutes at a time, according to a medical note she provided. The employee needed to use a stool only while at the host stand performing clerical work and checking guests in; she was able to perform all the essential functions of her host job, including walking guests to their destination in the hotel. The hotel refused to allow her to use a stool and terminated her. “An employer cannot deny a reasonable accommodation because of fear or stereotypes about disabilities,” said Kimberly A. Cruz, regional attorney for the EEOC’s New York District.
“There’s nothing chic—or legal—about denying employees with disabilities the use of an assistive device needed to perform their jobs where there is no undue hardship. This is the third ADA lawsuit the EEOC has filed in recent years against New York City hotel employers for allegedly refusing to provide the accommodation of the use of a seat or stool to guest-facing employees.”
EEOC v. Smith’s Detection Inc., Case No. 1:24-cv-2510 in the U.S. District Court for the District of Maryland, Baltimore Division. The agency filed against Smith’s Detection, Inc., a leading manufacturer of threat detection equipment, for demoting a disabled employee to avoid providing her with personal protective equipment (PPE). The employee, who suffered from complete hearing loss in her left ear, asked for PPE to protect her remaining hearing from manufacturing equipment noise in the area where she worked as a team lead. The employer responded by demoting her from the team lead position, resulting in reduced pay, and assigning her to a quieter area.
“Employers must be reminded that a reasonable accommodation is an adjustment or modification to the workplace that enables the employee to continue her work,” said EEOC Regional Attorney Debra M. Lawrence. “Demoting the employee is an adverse employment action, not a reasonable accommodation.”
EEOC v. Holsum of Fort Wayne, Inc., Case No. 3:24-cv-0702 in the U.S. District Court for the Northern District of Indiana, South Bend Division. The agency filed against Holsum after the bakery refused to modify a policy at its La Porte, Indiana facility to allow an employee to use a walker when moving more than 100 feet as required by her physician. Holsum’s failure to accommodate the employee made it impossible for her to access her workstation, restroom, and break room. Instead of accommodating her, Holsum forced her to take leave and terminated her employment.
“We believe Holsum could have accommodated this employee,” said EEOC Trial Attorney Brandon Skates. “We intend to secure appropriate relief on her behalf and prevent anyone in the future from being harmed by the use of the policy in similar circumstances.”
These companies’ alleged conduct violated the Americans with Disabilities Act (ADA), which requires employers to provide reasonable accommodations for employees with disabilities. The EEOC filed suit after attempting to reach a pre-litigation settlement through its administrative conciliation process in the three cases.
Last fiscal year, the EEOC received more than 29,000 charges of disability discrimination, a 25-year high.
For more information on disability discrimination, please visit https://www.eeoc.gov/eeoc-disability-related-resources.
USPress.News covered this story as well.
