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2 Hawaii companies settle EEOC lawsuits alleging disability discrimination

January 2020 employment law letter
Authors: 
Amanda M. Jones, Cades Schutte LLP

The new decade started off with the Equal Employment Opportunity Commission (EEOC) announcing on consecutive days that it had settled lawsuits involving disability discrimination claims against two Hawaii companies. The settlements underscore the EEOC's focus on improving conditions for workers with disabilities.

Deaf applicant hiring case

The EEOC announced the first settlement on January 6, 2020, in a case against a Hawaii car dealership. The agency filed the lawsuit in 2017, alleging the dealership refused to hire a deaf applicant because of his disability. The case was originally scheduled for trial in August 2019, after requests to dismiss it were denied. The trial was later postponed and then canceled when the agency and the dealership resolved the case.

The settlement calls for the dealership to:

  • Pay $42,000;
  • Provide enhanced training to employees about the Americans with Disabilities Act (ADA); and
  • Train its HR and management staff “on how to better assess and engage in the interactive process and how to better consider an individual with a disability for employment during the interview or hiring process.”

The EEOC's news release announcing the settlement emphasized the elimination of barriers in hiring, including practices that discriminate against people with disabilities, is one of the six national priorities identified in the agency's strategic enforcement plan.

Intermittent leave case

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