Industrial-components Molding Company Terminates Disabled Employee
CLEVELAND – Continental Structural Plastics, Inc, (CSP) an industrial-components molding company with manufacturing facilities in Conneaut, Ohio, violated federal law by terminating a disabled employee and failing to reasonably accommodate him, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it announced today.
The EEOC said CSP terminated Joseph Guth after one day of employment because of his disability. According to the EEOC’s Complaint, CSP concluded that Guth, who does not have fingers on his right hand, could not operate certain machinery because he is disabled. The EEOC said that CSP failed to engage in any interactive process with Guth and did not provide him with any reasonable accommodations. According to the EEOC’s Complaint, Guth performed work assigned to him in an above-satisfactory manner and CSP did not advise Guth that his work was unacceptable.
As a result of these practices, CSP violated the Americans with Disabilities Act Amendments Act, according to the EEOC’s lawsuit, Civil Action No. 1:11-cv-02081, filed in U.S. District Court for the Northern District of Ohio.
The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC seeks injunctive relief in its lawsuit, damages as well as lost wages and benefits because of CSP’s discrimination.
“The reality is that many employers still exclude individuals with physical impairments from certain positions based on myths, fears, or stereotypes,” said Regional Attorney Debra Lawrence of the EEOC’s Philadelphia District Office, which oversees Pennsylvania, Delaware, West Virginia, Maryland, and portions of New Jersey and Ohio. “The ADAAA provides broader coverage for individuals with a disability, however, the duty for an employer to provide reasonable accommodation to a disabled employee has not changed,” and “Federal law requires that employers provide reasonable accommodation to employees or applicants for employment, unless doing so would cause undue hardship.”
CSP manufactures structural plastic components and has several factories located in North America.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.