The Equal Employment Opportunity Commission (EEOC) has agreed to settle a lawsuit against Hitachi Automotive Systems Americas, Inc., which alleged Hitachi discriminated against an employee. Hitachi has agreed to pay $85,000 in compensation along with other relief to settle the suit, which claimed that Hitachi failed to adequately accommodate the employee’s disability, and illegally rescinded an offer of permanent employment. The suit shows the EEOC is serious about enforcing anti-discrimination law and will come down hard on employers who refuse to accommodate disabled employees.
The case involves an employee who was an assembly operator at Hitachi’s factory in Monroe, GA, who had a medical condition that caused her to require frequent bathroom breaks. She received a completed her initial probationary period with a positive evaluation and was offered a tentative permanent position as a result. However, during the screening, she requested more bathroom breaks than the 30-minute lunch break and fifteen-minute break most other employees receive during the day. Not only was her request denied, but her offer of employment was rescinded as a result.
The EEOC determined Hitachi violated the Americans with Disabilities Act (ADA) by failing to adequately accommodate the employee’s disability and denying her permanent employment. Despite Hitachi’s claims to the contrary, the employee’s condition did not make her incapable of performing her duties, so long as they made reasonable accommodations. As a result, Hitachi will not only need to pay the employee compensation but will also need to implement a written ADA compliance policy and submit period reports to the EEOC. They will also need to conduct employee training on disability discrimination.
If you believe you are the victim of employment discrimination, contact the Law Office of Andrew Ross Sack. Mr. Sack will protect your rights and strive to bring the relief you deserve. Give him a call at (516) 526-3319, or visit his contact page.
