EEOC announces settlement with Winston-Salem company

November 2021 employment law letter

Authors:

Richard L. Rainey, Womble Bond Dickinson (US) LLP

When an employer is sued for discrimination and decides to settle the case, the details are confidential. When the Equal Employment Opportunity Commission (EEOC) sues an employer, however, the settlement is very public and includes a press release giving details about the resolution. Recently, the EEOC announced a settlement with a Winston-Salem company in a case alleging disability discrimination.

Facts

According to the EEOC, Jean Perry was an employee of TriMark Foodcraft, LLC, a business specializing in commercial kitchen equipment and operating a distribution facility in Winston-Salem, North Carolina. She worked for the company through a temporary placement agency as an accounts payable costing clerk.

In December 2018, Perry was admitted to the hospital for breathing complications related to an underlying health condition. She attempted to return to work, but Trimark fired her after she announced she required the use of a personal oxygen device and would need to bring it to work with her. The EEOC claimed:

Trimark had a legal obligation to permit Perry to use the oxygen tank at work as a reasonable accommodation; and
She was unlawfully discharged because of a disability in violation of the Americans with Disabilities Act (ADA).

Settling with the EEOC

The EEOC filed suit in the U.S. District Court for the Middle District of North Carolina. Instead of going to trial, Trimark decided to settle the case and agreed to:

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