Ohio, Illinois Manufacturing Companies Sued for Disability Discrimination

Grief Inc., an international manufacturing company based in Delaware, Ohio, and American Flange, its wholly-owned subsidiary operating in the western suburbs of Chicago, violated federal law when they fired an employee and refused to excuse his disability-related absences, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed Oct. 19.

According to the EEOC’s suit, the agency’s pre-suit investigation revealed American Flange and Grief implemented a point-based attendance system that did not excuse disability-related absences. Because of this policy, an employee who had two absences sparked by a seizure disorder was fired even though the companies knew the absences were due to his medical condition.

This alleged conduct violates the Americans with Disabilities Act (ADA) which prohibits discrimination based on a person’s disability. The EEOC filed suit (EEOC v. American Flange and Grief, Inc., 1:21-cv-05552) in U.S. District Court for the Northern District of Illinois after first attempting to reach a pre-litigation settlement through its voluntary conciliation process. The EEOC is seeking back pay, compensatory damages, and punitive damages for the former employee, as well as injunctive relief to prevent future discrimination.

“While employers are obviously allowed to maintain attendance policies, the ADA requires them to approach absences that stem from disabilities with flexibility, and to explore ways for employees with disabilities to continue to work with reasonable accommodations when necessary,” said Gregory Gochanour, regional attorney for the EEOC’s Chicago District Office. “Firing this employee after he incurred just two and a half attendance points falls short of that mark.”

Source: EEOC

Topics Lawsuits Ohio Illinois Manufacturing