A Gaithersburg, Maryland-based storage facility will pay $95,000 and furnish other substantial relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC),
In its suit (Civil Action No. 8:08-cv-02498-PJM), filed in U.S. District Court for the District of Maryland, Southern Division, the EEOC said that Extra Space Management Inc. unlawfully fired James L. Hill II, a maintenance worker, because of a disability.
Hill, who has a visible disfigurement as a result of sustaining severe burns to his body in a house fire, began working for the company nearly three years ago.
According to the EEOC, although Hill was physically capable and willing to perform all his job duties, he was fired after meeting the acting district manager, who reportedly said that he “noticed he was handicapped, deformed or something,” and “it’s clear he can’t get the job done.”
The Americans With Disabilities Act (ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability. The EEOC filed suit after first attempting to reach a settlement out of court. Extra Space Management did not admit liability in the consent decree resolving the case, which is pending judicial approval. (workersxzcompxzkit)
In addition to the monetary relief to Hill, the consent decree provides that all employees and management staff at the Gaithersburg facility as well as 14 other locations in Maryland and northern Virginia will have at least two hours of training on the requirements and prohibitions of the ADA.
Additionally, all newly hired managers and supervisory personnel will receive ADA training within 30 days after their employment commences.
“Employers must make employment decisions based on the employee’s ability to perform the duties of the job, not because of the prejudices of others,” remarked Debra Lawrence, acting regional attorney of the EEOC’s Philadelphia District, whose jurisdiction includes Maryland.
Author: Dave Thomas is editor of Daily Insurer Blog and a contributor to this blog. Visit him at http://dailyinsurer.blogspot.com/.
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