U.S. Equal Employment Opportunity Commission
Employee with COPD, Emphysema and Asthma Denied Accommodation, Federal Agency Charged
SAN DIEGO, Calif. - InsideUp, Inc., a San Diego-based company, violated federal law when its managers refused to provide an accommodation for an employee with a disability and then fired him shortly after his requests, the U.S. Equal Employment Opportunity Commission (EEOC), announced in a lawsuit filed today.
According to the EEOC's lawsuit, an employee with chronic obstructive pulmonary disease (COPD), emphysema and asthma requested an accommodation for his disability. The EEOC charges that InsideUp managers not only refused his request, but also discharged the employee after he requested the accommodation.
Such alleged conduct violates the Americans with Disabilities Act (ADA). The EEOC filed suit in U.S. District Court for the Southern District of California (EEOC v. InsideUp, Inc., Case No.: 3:17-cv-01961-CAB-JMA) after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC's suit seeks back pay, compensatory and punitive damages for the employee, as well as injunctive relief intended to prevent further discrimination in the workplace.
"Employers should be cognizant of their responsibilities to engage in the interactive process and provide reasonable accommodations under the ADA," said Anna Park, regional attorney for EEOC's Los Angeles District Office, which includes San Diego in its jurisdiction.
"Employers should review their policies and train their supervisors to makes sure they are in compliance with the ADA," added Christopher Green, director of the EEOC's San Diego Local Office. "Failing to engage in the interactive process and then discharging an employee who requests an accommodation can be a violation of federal law."
According to the company's website, www.insideup.com, InsideUp is a marketing company that connects vendors with businesses looking for particular services.
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