Peak Performers to Pay $160,000 in EEOC Disability Lawsuit

AUSTIN, Texas — Peak Performers, incorporated as St. Vincent de Paul Rehabilitation Services of Texas, Inc., an Austin-based staffing agency providing staffing and recruitment services for workers with disabilities, agreed to pay $160,000 to a disabled former employee and institute significant reforms to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the EEOC’s lawsuit, following a suicide attempt resulting from mental health conditions, an executive assistant with a disability requested approximately four to six weeks of unpaid leave to receive outpatient medical treatment. The EEOC’s lawsuit alleged that even though executives at Peak Performers knew the executive assistant asked for time off to seek treatment for mental health-related disabilities, the company denied her brief, unpaid leave request and instead fired her in April 2024. Ultimately, the executive assistant completed her treatment and would have been able to return to her job within three weeks, according to the EEOC’s suit.

“We commend Peak Performers for working cooperatively with the EEOC to reach a settlement that fairly compensates the disabled worker and will greatly benefit Peak Performer’s employees and job applicants going forward,” said acting EEOC Dallas Regional Attorney Ronald L. Phillips. “An employer’s choice to adopt strong internal ADA compliance procedures and to train company stakeholders on ADA rights and best practices is a win for everyone. Disabled workers receive greater employment opportunities and respect for their basic human dignity. The employer guards against liability while benefiting from a powerful source of highly qualified labor. And society moves a step closer to its goal of securing equality for disabled persons and removing barriers to their full participation in our national economy.”

The type of conduct alleged in the complaint violates the Americans with Disabilities Act (ADA), which requires employers to make reasonable accommodations for the known disabilities of employees absent an undue hardship, and prohibits employers from terminating employees on the basis of their disabilities, including when their terminations are caused by the employers’ failure to provide a reasonable accommodation. The EEOC filed suit (U.S. EEOC v. St. Vincent De Paul Rehabilitation Services of Texas, Inc. d/b/a Peak Performers, Case No. 1:25-cv-1551) in U.S. District Court for the Western District of Texas, Austin Division. The EEOC and Peak Performers subsequently agreed to settle the case before trial or any findings concerning EEOC’s claims, and on Jan. 6, the federal court approved the agreed two-year consent decree resolving the litigation.

In addition to paying $160,000 to the former executive assistant, the consent decree prohibits Peak Performers from engaging in disability discrimination, requires the organization to adopt and implement an ADA compliance policy with extensive procedures designed to protect rights of disabled workers, and mandates detailed ADA compliance training to human resources personnel and various decision-making officials. The consent decree also requires reporting to the EEOC of any future disability discrimination complaints by employees or job applicants, as well as information concerning certain decisions to deny medical leave requested by employees.

EEOC San Antonio Field Office Director Norma Guzman said, “This resolution is a strong reminder to employers of their obligation under the Americans with Disabilities Act to provide reasonable accommodations to employees with mental as well as physical disabilities. Creating supportive workplace environments for employees with mental health-related disabilities, which includes providing reasonable accommodations to sustain their employment, is one important aspect of addressing the mental health crisis in the United States.”

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

The EEOC’s Dallas District Office is responsible for processing charges of discrimination, administrative enforcement, and the conduct of agency litigation in Texas and parts 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 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.