Have you ever wondered what a settlement with the EEOC looks like after they sue a company for discrimination?
A few months ago, I wrote about a lawsuit in which the U.S. Equal Employment Opportunity Commission alleged that an employer denied a deaf job applicant's accommodation request and terminated his candidacy because verbal communication and hearing were job requirements for the position in a remote setting.
Late last month, that case settled for $150,000.
But writing a check is only the beginning for this employer.
Here's how the EEOC described the non-monetary (equitable) relief that the employer must provide as part of the settlement:
"In addition to updates to the company’s reasonable accommodation policy and annual training for management and human resource employees about discrimination law, [the company] will issue an annual executive video message on the company’s commitment to ensuring that people who are deaf and hard of hearing are provided reasonable accommodations. The company’s human resource personnel will also complete an online training focused on integrating deaf employees into the workplace, and [the company] will designate one human resources team member to complete additional training on assistive technologies that deaf or hard of hearing employees or applicants may use to communicate in the workplace.
The employer must also make specific job postings on a job board targeting deaf applicants with a specific notice that affirms that the employer is committed to the full inclusion of all qualified individuals, including deaf applicants."
The final Consent Decree, which is over 20 pages, is a public document filed with the court to memorialize the settlement.
If you page through the settlement, you'll notice that the company must also contract with an ASL vendor when needed to provide accommodations, post notices in the workplace, and create a tracking system for accommodation requests for deaf or hard-of-hearing individuals.
According to the EEOC, during the interview process, 4 — FOUR!!! — of the employer’s human resources employees learned that the applicant was deaf and required a reasonable accommodation to complete the interview process. Shortly after, the employer discussed the accommodation request and was “not sure if this person would be able to do the job” even though he had 17 -- SEVENTEEN!!! -- years of relevant experience.
As part of the settlement, the company did not have to admit that it violated the Americans with Disabilities Act.
But you tell me if the juice was worth the squeeze.
#TheEmployerHandbook #employmentlaw #humanresources
VP Commercial Lending at Jersey Shore State Bank
1moHow cool!