Management Services Company Denied Medical Leave to Employee Then Fired Her, Federal Agency Charged
SAN DIEGO, Calif. -Triton Management Services, LLC, headquartered in Carlsbad, Calif., agreed to pay $110,000 and provide other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
According to the EEOC's lawsuit, an employee requiring medical attention and a leave of absence for a disability was denied leave and was instead fired. The EEOC said Triton failed to provide the employee a reasonable accommodation for her disability.
Such alleged conduct violates the Americans with Disabilities Act of 1990 (ADA), which makes it unlawful for an employer to fire-or otherwise discriminate against an employee due to a disability.
The EEOC filed suit at the 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 voluntary, pre-litigation settlement through its conciliation process.
In addition to monetary relief, the three-year consent decree, which remains under the court's jurisdiction during the term of the decree, includes injunctive relief intended to prevent further workplace discrimination. Triton will review and revise its written policies to achieve compliance with the ADA, provide regular training to all employees regarding the ADA, maintain a log detailing accommodation requests and complaints and conduct regular audits, and oversee recordkeeping and reporting requirements through a designated equal opportunity officer. The EEOC will monitor compliance with the terms of this agreement.
"It is important for employers not to let stereotyping dictate how they respond to individuals with physical or mental disabilities in the workplace," said Anna Park, regional attorney for the EEOC's Los Angeles District Office, which includes San Diego in its jurisdiction. "We commend Triton for resolving this case."
Christopher Green, director of the EEOC's San Diego Local Office, said, "We are encouraged that Triton is taking steps to put in place policies and practices that will protect and enhance the working conditions for all of their employees."
Addressing emerging and developing issues in equal employment law, including issues involving the ADA is one of the six national priorities identified by the Commission's Strategic Enforcement Plan (SEP).
The 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.