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New Mexico employer settles disability, age discrimination lawsuit for $120,000

EEOC: Woman fired because of prior back injury, age

Posted February 8, 2012

A New Mexico employer has agreed to settle a disability and age discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) for $120,000 and other relief, the agency announced February 6.

The EEOC’s lawsuit charged that the company hired the woman and then fired her a few days later after learning she had a prior back injury. The EEOC alleged that the employer terminated the worker because of her disability and/or the intersection of disability and age.

In addition to monetary relief for the woman, the consent decree settling the suit provides for other relief, including an injunction prohibiting further discriminatory practices; institution of policies and procedures to address disability and age discrimination; training for employees, managers, and human resource officials on disability and age discrimination; posting of a notice advising employees of their rights under the Americans with Disabilities Act and Age Discrimination in Employment Act; and a letter of reference for the woman.

“Employers must be extra vigilant to assure that decision-makers are aware that employment decisions must not be based on myths, fears, or stereotypes about a person’s age or disability,” said regional attorney Mary Jo O’Neill of the EEOC’s Phoenix District Office.


ADA Compliance ManualJ. J. Keller's ADA Compliance Manual reviews Americans with Disabilities Act (ADA) guidelines and provides plain-English explanations to help you stay in compliance.

 

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