Cooking Round the World Sued by EEOC For Disability Discrimination

Cooking Camp Removed Educator's Duties Despite Medical Certification, Federal Agency Charges

OAKLAND, Calif. - Educational after-school camp Cooking Round the World (CRTW) violated federal law when it relieved an employee of her duties after she tested positive for latent tuberculosis, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

According to the EEOC's investigation, Alexis Le successfully worked for CRTW as a chef educator for several months before she received a positive test result for an inactive form of tuberculosis (TB) in March 2017. Although Le explained that she was not contagious and had received a doctor's certification permitting her to work in a school environment and as a medical assistant, CRTW director and owner Mindy Myers refused to allow Le to continue to work as a chef educator, claiming that she could never again work with children or in schools. The alternative leafleting job Myers offered Le paid less per hour and provided few hours per week, forcing Le to find other work to support herself.

The EEOC also charged that CRTW breached Le's confidentiality by disclosing her diagnosis to a co-worker and failing to segregate employee medical records from non-confidential personnel records.

The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees based on a disability or a perceived disability. It also requires that all medical information about a disability must be kept confidential, and maintained in separate medical files. The EEOC filed suit (CIV# 4:18-cv-05880) in U.S. District Court for the Northern District of California after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC's lawsuit seeks compensatory and punitive damages and injunctive relief designed to prevent such discrimination in the future.

"Ms. Le loved her job working with children and was shocked when her boss would not accept her medical certification," said William Tamayo, the EEOC's San Francisco District Office director. "The ADA protects qualified workers who are perceived as having a disability, in addition to those who actually do have a disability or a record of one."

EEOC Regional Attorney Roberta Steele noted, "While it's true that California law requires that staff working with students be free of infectious TB, Ms. Le had been certified by her doctor as non-contagious and safe to work in a school environment. When Meyers relied on her own misperceptions over medical expertise to remove Le from her position, this employer violated the ADA."

EEOC Trial Attorney Debra Smith added, "No employer, no matter how small or well-intended, is above the law. By disbelieving Ms. Le's medical proof that allowed her to work children, this employer caused her emotional distress and limited employment opportunity."

According to company information, CRTW is an educational, after-school and summer cooking camp with programs in the San Francisco Bay Area and San Diego, with headquarters in Oakland.

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.