Since the majority of employment lawsuits in Oregon (and other states) are resolved confidentially before trial, it is always interesting to read EEOC reports about settlements. The following news release sums up a recent disability discrimination settlement. The settlement serves as a reminder that employees need not and should not tolerate unlawful and demeaning treatment at work. My hat is off to Diane Smason and Aaron DeCamp at the EEOC in Chicago.
The U.S. Equal Employment Opportunity Commission (EEOC) announced [on July 7, 2009] that Swissotel will pay $90,000 under a consent decree entered by the federal district court here to resolve a harassment and wrongful termination lawsuit brought by the EEOC on behalf of a developmentally disabled adult.
The EEOC charged in its suit that Swissotel violated the Americans With Disabilities Act (ADA) by permitting two supervisors at its downtown Chicago hotel to harass the employee because of his developmental disability. Specifically, the EEOC said, the employee was repeatedly called “retarded” by his supervisors. Further, the EEOC charged, Swissotel then terminated the employee because of his disability.
In addition to paying $90,000, Swissotel is required under the consent decree settling the suit to give ADA training to all of its Chicago-based employees, post a notice of the settlement at its Chicago hotel, and report to the EEOC complaints of harassment or disability discrimination and any actions taken as a result of the complaints.
The lawsuit, entitled EEOC v. Swissotel Employment Services, L.L.C and Swissotel Chicago, Inc., No. 08-5131 (N.D. Ill.), was filed on September 9, 2008. The case was assigned to District Court Judge Dow and Magistrate Judge Nolan. The EEOC filed suit after an administrative investigation managed by EEOC Chicago District Director John Rowe found reasonable cause to believe that the ADA had been violated, and after first attempting to reach a voluntary settlement through the agency’s conciliation process.
