Dive Brief:
- A Michigan-based egg producer has agreed to pay $93,000 to settle a U.S. Equal Employment Opportunity Commission (EEOC) lawsuit alleging that a former employee with a disability was harassed and constructively discharged.
- The employee, an individual with Tourette's syndrome, was frequently mocked by her supervisor and co-workers about her disability-related symptoms, the suit alleged. EEOC claimed that the employer failed to stop the harassment and that a supervisor retaliated against the worker for complaining, constructively discharging her with "escalating harassment, which included the supervisor following her into a bathroom and initiating a confrontation."
- In addition to the monetary settlement, Herbruck Poultry Ranch also agreed to revise and amend its discrimination and harassment policies and to train its employees on the Americans with Disabilities Act's (ADA) requirements.
Dive Insight:
The ADA protects qualified individuals with disabilities from workplace bias. An employer can be held liable when co-workers and supervisors engage in unlawful harassment, unless the employer can show that it took immediate and appropriate corrective action, according to EEOC.
To prevent such issues, the Commission previously recommended that employers periodically provide workers with anti-harassment policies and complaint procedures, and post them in a conspicuous location; additionally, the policy should make it clear that harassment based on a protected characteristic such as sex or disability will not be tolerated, that complaints won't result in retaliation and that employees can complain to someone outside of their chain of command.
Experts also say that complaints should be taken seriously and that those rising to a certain level should receive a good-faith investigation resulting in a well-reasoned conclusion.