EEOC Hits California Grocer With Suit for Firing Employee over Medical Leave Request

October 1, 2018

California grocery outlet, PAQ Inc., dba Rancho San Miguel Market, violated federal law when it fired a deli clerk after she requested an accommodation for a disability, the U.S. Equal Employment Opportunity Commission announced in a lawsuit.

According to the EEOC’s lawsuit filed late last week, on October 2016 a deli clerk provided Rancho San Miquel Market with a doctor’s note requesting six weeks of medical leave for corrective surgery and time for recovery, based on a disability. Her request was denied, and she was fired.

The alleged action violates the Americans with Disabilities Act of 1990 and the ADA Amendment Act of 2008. The EEOC filed suit in U.S. District Court for the Eastern District of California, EEOC v. PAQ, INC. dba Rancho San Miquel Market, after first attempting to reach a pre-litigation settlement through its conciliation process.

The EEOC’s suit seeks back pay along with compensatory and punitive damages for the claimant, as well as injunctive relief intended to prevent and address discrimination.

“We continue to see employers struggling with complying with the ADA and failing to engage in the interactive process as required under federal law,” said Anna Park, regional attorney for the EEOC’s Los Angeles District, which includes Fresno, Calif. in its jurisdiction.

Melissa Barrios, director for the EEOC’s Fresno Local Office, said, “The act of firing an employee who requests an accommodation not only negatively affects that employee, but can create a chilling effect across the workforce. Other employees may not request an accommodation, as is their right by law, for fear of losing their jobs.”

According to their website, PAQ, Inc. is locally owned and operated with stores throughout Central California.

Topics Lawsuits California

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