U.S. Equal Employment Opportunity Commission
Agreement Provides $175,000 and Job Offer for Construction Worker
SPOKANE, Wash. - Kaiser Aluminum Corporation, the leading producer of fabricated aluminum products in the United States, will pay $175,000 and reinstate its hiring offer to a qualified production worker to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
According to the EEOC's suit, Kaiser withdrew its job offer for production work at its Trentwood mill in Spokane after Donald McMurray's medical records showed a workplace injury from over 10 years ago. The EEOC found that McMurray, with a long history of construction work at the time, was a well-qualified candidate fully capable of meeting the job's physical demands.
"All I ever wanted was for Kaiser to let me prove that I was physically able to do the job," said McMurray. "My medical history didn't paint the true picture of who I am today and what I can do. But that's all behind me, and I am excited that my future is with an industry leader like Kaiser."
Failing to hire a person based on a record of a prior disability or a perceived disability violates the Americans with Disabilities Act (ADA). The EEOC filed the lawsuit in U.S. District Court for the Eastern District of Washington (EEOC v. Kaiser Aluminum Washington, LLC, 2:16-cv-00343-SAB) after an investigation by EEOC investigator Toni Haley and after first attempting to reach a pre-litigation settlement through its conciliation process.
"EEOC and Kaiser worked hard together to resolve a tough case and further the objectives of the ADA," said EEOC Senior Trial Attorney Teri Healy. "We are very pleased with the outcome of this lawsuit and appreciate Kaiser's willingness to work with the EEOC to resolve this matter and its commitment to its obligations under the law."
Seattle EEOC Field Director Nancy Sienko added, "Mr. McMurray will be a great addition to the Kaiser team. His reinstatement and Kaiser's implementation of new hiring procedures are a win-win for all involved. Eliminating barriers in recruitment and hiring and enforcing the ADA are high priorities for the EEOC."
With headquarters in Foothill Ranch, Calif., Kaiser employs more than 2,000 people at its 12 facilities in North America, and, according to www.kaiseraluminum.org , is a leading producer of fabricated aluminum products, with reported net sales of $1.4 billion and value-added revenue of $790 million in 2015.
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.