A convenience store management company settled an EEOC lawsuit that alleged disability harassment, discrimination, and constructive discharge at its locations.
According to the consent decree, the company was accused of subjecting an employee with an intellectual disability to repeated verbal harassment and of denying reasonable accommodations that were necessary for her job performance.
The EEOC asserted that management failed to intervene when coworkers mocked the employee's disability, and that supervisors contributed to the hostile environment.
The employee ultimately resigned, which the EEOC argued constituted a constructive discharge resulting from intolerable working conditions created by the harassment and lack of accommodations.
The settlement requires the company to pay monetary relief and implement multiple corrective actions. These include revising anti-discrimination policies, providing staff training, reporting future disability complaints to the EEOC, and designating a corporate official responsible for overseeing compliance.
The EEOC emphasized that harassment based on disability is unlawful under the Americans with Disabilities Act, and employers must take proactive steps to prevent and remedy such discrimination.
Source: https://www.eeoc.gov/newsroom/convenience-store-management-company-settles-eeoc-disability-harassment-discrimination-and
Commentary
Management's responsibility extends beyond policy creation to proactive intervention in workplace conduct.
In the above matter, it is alleged that coworkers mocked another coworker. When coworkers mock an employee's disability and supervisors allow or contribute to a hostile environment, organizations risk serious liability as well as harm to employee morale and retention.
Prevention begins with clear expectations for respectful behavior, underscored by regular management training on disability rights and the consequences of harassment.
Supervisors should be equipped with practical tools for identifying subtle signs of mockery or exclusion and to respond immediately and consistently, reinforcing that harassment is unacceptable and will be addressed without exception. Refer all reports of harassment or harassment you observe to those in the organization authorized to conduct an investigation and fashion an appropriate remedy.
Leadership must foster a culture in which reporting concerns is safe and straightforward, and every complaint is investigated impartially. By embedding accountability and continuous education into daily management practices, organizations can protect themselves from legal exposure while fostering a workplace that respects and supports all employees.
