Company Denied Employee an Accommodation, Federal Agency Charged
SAN DIEGO, Calif. - Triton Management, LLC, a Carlsbad, Calif.-based company, violated federal law when it failed to accommodate an employee with a disability and instead fired her, the U.S. Equal Employment Opportunity Commission (EEOC), announced in a lawsuit filed today.According to the EEOC's lawsuit, an employee required medical attention and needed a leave of absence for her disability. The EEOC charges that Triton failed to properly engage in the interactive process and instead terminated her employment.
Such alleged conduct violates the Americans with Disabilities Act (ADA). The EEOC filed suit in U.S. District Court for the Southern District of California (EEOC v. Triton, Inc., Case No.: 3:17-cv-02004-BAS-KSC) after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC's suit seeks back pay, compensatory and punitive damages for the employee, as well as injunctive relief intended to prevent further discrimination in the workplace.
"We continue to see employers refusing to accommodate employees with disabilities, as they are required to do under the ADA," said Anna Park, regional attorney for EEOC's Los Angeles District Office, which includes San Diego in its jurisdiction. "The EEOC has a clear mission to fight for the rights of employees facing both disabilities and discrimination."
Christopher Green, director of the EEOC's San Diego Local Office, added, "Providing an accommodation is an essential part of the ADA. Failing to do so can lead to a violation of the law."
EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates
Source: EEOC press release Sept 29, 2017
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