Wednesday, July 24, 2013

Staffing Agency Settles ADA Claim with EEOC for $100,000

The Equal Employment Opportunity Commission (EEOC) has announced it has settled with a staffing company, Staffmark, in a federal lawsuit it filed on behalf of Dorothy Shanks in the amount of $100,000 for their role in discriminating against her on the basis of her prosthetic leg when she was removed from her job and reassigned “because they did not want anyone bumping into her.” No reassignment was made by Staffmark and she was fired.  The EEOC also sued SONY but they continue to battle the lawsuit.

An EEOC lawyer stated that the woman “was fired because of unjustified fears about her having a prosthetic leg. Firing employees because of baseless fears and stereotypes about their disabilities is illegal, and the EEOC will defend the victims of such unlawful conduct.”  This is the latest in the EEOC's fight against staffing agencies who can not justify their actions as following an employer-client’s orders.  It is important to note that employers cannot avoid liability by saying the victim was "really employed" by the staffing agency.

The case is  EEOC v. Staffmark Investment LLC and Sony Electronics, Inc, N.D. Ill. No. 12-cv-9628.

No comments:

Post a Comment