$135,000 Settlement in Disability Discrimination Lawsuit Against Heavy Construction Firm, Training Ordered

 
Monday, October 24, 2011
 

Question:  Would disability discrimination training have prevented this case?  See our trainings at http://www.hrclassroom.com.

Casper, Wyo.-based  T.I.C.-The Industrial Company Wyoming, Inc., a 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).

According to the EEOC’s lawsuit, EEOC v. T.I.C.-The Industrial Company  Wyoming, Inc., 11-cv-324-F, filed in federal court in Cheyenne on Sept. 30,  2011, millwright Matthew Gilkey, despite satisfactorily performing his job for  several weeks, was fired by TIC Wyoming 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 that TIC Wyoming 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 that the company also failed or refused to engage Gilkey  in good-faith discussions about accommodations he had requested and TIC  Wyoming had previously provided but then withdrew.

In addition to the monetary settlement, TIC Wyoming 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 TIC Wyoming 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.”

 
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