Michigan Poultry Ranch to Pay $93K to Settle Federal Harassment, Retaliation Suit

A Saranac, Michigan egg producer will pay $93,000 and provide other relief to settle a federal disability harassment and retaliation lawsuit, according to the U.S. Equal Employment Opportunity Commission (EEOC).

The EEOC had charged that Herbruck Poultry Ranch Inc. violated federal law by subjecting a worker to a hostile work environment because of her disability and by retaliating against her for complaining about the discriminatory treatment.

According to the EEOC’s lawsuit, a disabled employee experienced frequent mocking by her supervisor and coworkers about her disability-related symptoms. The commission further alleged that Herbruck failed to take adequate remedial measures in response to the harassment, retaliated against the worker for complaining about it, and constructively discharged her through escalating harassment, which included her supervisor’s following her into a bathroom and initiating a confrontation with the disabled employee on her last day at work.

Such alleged conduct violates the Americans with Disabilities Act (ADA), which mandates that covered employers provide a workplace free of disability-based harassment and prohibits retaliation against disabled employees who complain of harassment. The EEOC filed suit in U.S. District Court for the Western District of Michigan in Grand Rapids (Case No. 1:19-cv-00165) after first attempting to reach a pre-litigation settlement through its conciliation process.

In addition to the monetary relief, the two and a half-year consent decree resolving the suit provides for injunctive relief, revisions and amendments to Herbruck’s discrimination and harassment policies, and training for all employees on the requirements of the ADA.

Source: EEOC

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