With the passage of the Americans with Disabilities Act (ADA), employers are required by law to provide reasonable accommodation for job applicants and employees with disabilities, provided that doing so does not cause any undue hardship to the employer. When they fail to do so, they can be penalized in several ways. Such was the case this past week for Party City, a popular retailer who settled an EEOC lawsuit with a disabled applicant for $155K.
Party City agreed to pay $155K amid allegations that it violated federal law when it failed to hire a qualified applicant with a disability due to the fact that the applicant arrived at her interview with a job coach. The applicant, who is on the autism spectrum and also suffers from anxiety, was allegedly told by the hiring manager that previous instances of hiring disabled applicants with job coaches had “not gone well.” The hiring manager also made “disparaging comments” about those workers, going on to than the job coach for “bring her here” and then saying that the employee at Party City who encouraged the applicant to put in for the job would “hire anyone, even an ant.”
At Rager & Yoon – Employment Lawyers, we take the ADA seriously, and we are staunchly opposed to those who would circumvent it. If you have been discriminated against in the workplace due to your disability, we want to know. Contact our Los Angeles discrimination attorney right away to discuss the merits of your case. Beyond paying the $155K in the settlement, Party City also is enjoined from future discrimination against job applicants with job coaches. The company is required to revise and improve its reasonable accommodation policy, train human resources employees on its new policy, and give a copy of the policy to every employee.
What is a Reasonable Accommodation?
A reasonable accommodation is one that involves making a chance to something that enables an employee to do his job, even though he has a disability. For instance, modifying the height of a desk, installing a telecommunications device for a deaf worker, allowing for an altered workday in order for the worker to receive medical treatment, or hiring an interpreter to assist an employee. Reasonable accommodations are required for all qualified applicants or employees, which are those individuals who have the necessary training, skills and experience required by the job.
Experience Discrimination Due to Disability?
Don’t suffer alone, let us help. It is 100% against the law to discriminate against a job applicant or an employee due to their disability. The ADA and EEOC guidelines are clear. If you have experienced this type of discrimination in the workforce, then you can hold the person or company responsible accountable for their actions. This not only serves to have your voice heard, but it also deters future actions of the same type against other disabled individuals. Contact our Los Angeles discrimination attorney now to discuss your case or schedule a consultation with our knowledgeable and experienced team by calling 310-527-6994.