Everport Terminal Services to Pay $200,000 to Settle EEOC Disability Discrimination Charge

OAKLAND, Calif. – Everport Terminal Services (ETS), which operates a terminal at the Port of Oakland, agreed to provide $200,000 to a former employee following an investigation by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

The EEOC’s investigation found that ETS failed to provide a reasonable accommodation to a worker with a disability employed as a “steady” longshoreman mechanic at the Port of Oakland. According to the findings, when the worker showed up to work in person to accept a light duty position, his supervisor denied there was available work suitable for the worker’s restrictions and sent him home.

Such alleged conduct violated the Americans with Disabilities Act (ADA), which requires employers to provide reasonable accommodations to workers with disabilities who can perform the essential functions of their job, barring an undue hardship. The law also says employers must engage in an interactive process to clarify what the individual with a disability needs and to seek an appropriate reasonable accommodation.

“I wanted to work, within the restrictions set by my doctor,” said the worker. “When I showed up to accept the offer of modified duty, it was painful to be turned away. I encourage other workers with disabilities to go to the EEOC for help defending their rights under the law.”

Carlos Rocha, director of the EEOC’s Oakland Local Office, said, “We commend Everport Terminal Services for their commitment to ensuring compliance with the ADA’s requirements. This case should serve as a reminder for employers to train supervisors and representatives to understand the importance of engaging in the interactive process to find a reasonable accommodation for a disability. A good faith effort to communicate with your employee is vital to this process.”

Following the investigation, the parties engaged in the EEOC’s pre-litigation conciliation process, resulting in a settlement requiring ETS to provide back pay and compensatory damages; revise its non-discrimination policies and procedures; conduct training for all California employees, managers and human resources personnel; post a notice concerning equal employment opportunity rights in English and Spanish; track all accommodation requests; and report to the agency for two years.

For more information on disability discrimination generally, please visit https://www.eeoc.gov/disability-discrimination.

The EEOC’s San Francisco District has jurisdiction over Northern Nevada, Northern California, Washington, Alaska, Oregon, Idaho and Montana.

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 is responsible for investigating charges against state and local government employers before referring them to DOJ for potential litigation. 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. Stay connected with the latest EEOC news by subscribing to our email updates.