Case details

Worker with disability allegedly not provided accommodation

SUMMARY

$125000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
FACTS
On March 11, 2015, the claimant, a woman with asthma, began work at the Embassy Suites hotel, in San Diego. She was assigned to a workspace, but she claimed it did not have proper ventilation or windows. She alleged that as a result, her asthma was exacerbated, causing her to suffer from breathing issues. The employee immediately informed the company that she needed an accommodation for her disability, but the company allegedly failed to provide her with an effective accommodation. She claimed that as a result, she went to an emergency room days later and remained there overnight. The employee claimed that she was ultimate fired on March 19, 2015, eight days after she was hired. The employee filed a complaint with the U.S. Equal Employment Opportunity Commission, which first attempted to reach a pre-litigation agreement through its conciliation process. The EEOC then sued the operators of Embassy Suites, Merritt Hospitality, LLC (doing business as HEI Hotels and Resorts), HEI Hotels and Resorts LLC, and HEI Hospitality, LLC. The EEOC alleged that the defendants’ actions constituted violations of the Americans with Disabilities Act. The EEOC claimed that instead of engaging in the interactive process with the employee and moving her into a ventilated area inside the main hotel building on a temporary or permanent basis, or fixing and running the broken air conditioner system, the defendants fired the employee. Defense counsel denied any alleged wrongdoing on the part of the defendants. Counsel noted that the employee was hired on March 11, 2015 and that within only three days of hiring, the employee called out sick with alleged asthma-related symptoms. Counsel also contended that upon her return to work, six days later, the employee provided a doctor’s note with no suggested accommodations. Defense counsel asserted that the defendants considered moving the employee to another workspace, but the location where she had been working provided the most ventilation and the least amount of exposure to allergens. Counsel also asserted that when the employee was unable to provide any other suggestions, she resigned on March 19, 2015., The EEOC sought recovery of lost wages on the part of the employee. It also sought injunctive relief.
COURT
United States District Court, Southern District, San Diego, CA

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