Pre-Employ Blog

Supermarket Held in Contempt After Violating Consent Decree

Posted by admin on April 08, 2013

The U.S. Equal Employment Opportunity Commission (EEOC) recently announced a federal judge had ordered a food retailer be held in contempt after finding the company failed to comply with conditions set forth in a consent decree reached with the agency that resolved a legal dispute regarding disability discrimination.

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Business ignores terms to consent decree settling disability discrimination suit
The EEOC recently announced a federal judge has held a food retailer in contempt after finding the company failed to comply with the conditions set forth in a consent decree reached with the agency to end a legal dispute regarding disability discrimination.

In holding the employer in contempt, the judge said the business did not send required written job offers to employees who were on a disability leave of absence but were eligible to return to work. The company was mandated do so after the consent decree was reached in 2011, ending a two-year saga in which the EEOC alleged the employer terminated employees when their disability leave of absence was expired unless the workers could return without any limitations or restrictions on their physical ability, a violation of the Americans with Disabilities Act. The employer was then ordered to pay $3.2 million.

"When the EEOC resolves a case involving allegations of systemic discrimination, we expect the employer to meet its commitments under the resulting consent decree and work cooperatively with our agency to resolve any disputes," said John Hendrickson, the EEOC's regional attorney in Chicago. "This ruling confirms that the EEOC can and will act to enforce the court's orders, embodied in a decree, when we find violations and the employer is unwilling to provide appropriate remedies."

As part of the ruling that held the employer in contempt, the judge said the EEOC is entitled to conduct discovery and hold further proceedings to fully denigrate the nature of the violation and determine if any additional penalties or corrective measures need to be taken.

This latest case demonstrates the clear and unquestionable essentiality of compliance in all employment matters, lest a business' practices land them in hot water with regulators. Working with an accomplished HR service provider can help firms maintain comprehensive compliance across all relevant matters.

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Topics: HR Compliance, EEOC

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