EEOC Sues Wagner Equipment for Disability Discrimination

DENVER — Aurora, Colorado-headquartered Wagner Equipment, an industrial machinery and equipment company providing heavy machinery for sale and rent in Colorado, New Mexico, and Texas, violated federal law when it subjected an employee to unlawful qualifications standards, failed to accommodate her disability, and then retaliated against her by firing her, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today.

According to the EEOC’s lawsuit, a Wagner employee working as a painter in the Grand Junction, Colorado area, was required to pass a physical fitness test that unlawfully screened her out from returning to work after taking medical leave. Due to a knee condition, the employee had difficulty with heavy lifting, and the test required repeated lifting and carrying of 100 pounds, which did not accurately reflect the necessary physical tasks of her position.

Further, Wagner Equipment did not reasonably accommodate the employee’s requests for a reasonable accommodation regarding heavy lifting, and retaliated against her for requesting an accommodation by not letting her return to work in December 2021.

“Employers using physical fitness tests for employees returning from medical leave must ensure they do not improperly screen out employees because of their disabilities,” said Mary Jo O’Neill, regional attorney for the EEOC’s Phoenix District. “Any physical test must accurately reflect the actual physical tasks required for the actual job position, including what tasks an employee could complete while using a reasonable accommodation. For example, if a position has a task that requires someone to move 50 pounds, the employer should also assess whether the employee could complete the task with the assistance of a reasonable accommodation, such as lifting devices or other assistance.”

This alleged conduct violated the Americans with Disabilities Act (ADA), which prohibits the use of qualification standards that screen out people with disabilities, failing to accommodate people with disabilities absent undue hardship, and retaliating against people for requesting accommodations. The EEOC filed suit (EEOC v. Wagner Equipment Co., Case No. 1:26-cv-04802) in the U.S. District Court for the District of Colorado after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

EEOC Denver Field Office Director Sherrie Hayashi said, “Employers must engage with an employee who requests an accommodation for their disability. An employee does not need to use specific legal language to request an accommodation under the ADA. Asking for help with heavy lifting because of a knee condition can be enough to put an employer on notice to start the interactive process to see if a reasonable accommodation is needed.”

For more information about disability discrimination, visit: www.eeoc.gov/eeoc-disability-related-resources. For more information about discriminatory qualification standards, visit: www.eeoc.gov/eeoc-disability-related-resources/qualification-standards.

The EEOC’s Phoenix District Office has jurisdiction over Arizona, Colorado, Utah, Wyoming, and part of New Mexico.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov.