A Family Video store in Buffalo has agreed to settle a disability discrimination suit filed by a former employee who suffers from depression and social anxiety disorder.
He claims storeharassed him because of his condition and then fired him when he complained.
The man complained to the EEOC, alleging disability harassment and retaliation in violation of the ADA.
Attempts to resolve the dispute through the EEOC’s conciliation process failed, so the commission filed suit in federal court. The Illinois-based chain elected to settle the matter rather than go to trial.
Under the three-year consent decree, Family Video will pay the man $70,000 and hire an equal employment opportunity coordinator to implement anti-discrimination policies and procedures, provide training and monitor and investigate discrimination complaints.
Note: While most employers are familiar with sexual and racial harassment, disability harassment can sometimes slip under the radar. Train managers to be sensitive to potential disability harassment, especially when the disability is a mental illness.
- Get ahead of the curve by offering anti-Gay bias training
- Don't consider pending lawsuits when making hiring decisions
- Don't sweat perfection when investigative honesty is enough
- Beware ADA claims if alleged victim isn't satisfied with harassment investigation
- There's a big difference between 'unfair' and illegal