Dive Brief:
- Oregon grocer JC Market Thriftway must pay $50,000 in compensatory damages, backpay, and other injunctive relief to resolve a U.S. Equal Employment Opportunity disability discrimination charge, the agency announced Wednesday.
- The investigation found that an applicant received a JC Market job offer with instructions to report to training the next day. After the applicant disclosed their disability and their need to carry medical supplies, the grocer refused to provide a reasonable accommodation and fired the worker, EEOC said. The agency said its investigation also uncovered unlawful record-keeping practices.
- The terms of the settlement include monetary damages as well as revisions to JC Market’s disability policies and procedures and anti-discrimination trainings for managers and employees. The company also agreed to make a donation to a disability rights organization.
Dive Insight:
EEOC recently announced a separate job candidate discrimination lawsuit — also involving a violation of the Americans with Disabilities Act — against an Olive Garden restaurant operator. The suit alleged that a manager asked a potential hire for a Pennsylvania branch of the franchise about the applicant’s cane and the extent of his disability. The manager allegedly declined to hire the job candidate due to that disability-related information.
HR teams generally cannot ask disability-related questions or require medical exams prior to a conditional job offer, according to EEOC guidance.
“Applicants and employees, regardless of disability or need for an accommodation, should be judged on their abilities and qualifications relevant to the essential functions of the position,” Elizabeth M. Cannon, director of EEOC’s Seattle field office, said in a statement, “not on fears, stereotypes, or myths.”
