Houston Company to Pay $85K to Settle Federal Disability Discrimination Lawsuit

Federal workplace officials say a Houston-based electrical supply company unlawfully fired employee one day before his scheduled cancer surgery.

The U.S. Equal Employment Opportunity Commission (EEOC) says Spike Electric and Controls LLC will pay a former employee $85,000 to resolve a disability discrimination lawsuit brought by the federal agency.

According to the EEOC’s lawsuit, an outside sales representative employed by Spike Electric was diagnosed with liposarcoma, a form of cancer, and subsequently scheduled to have surgery to remove a tumor. The employee notified the company of his diagnosis and the vice president of sales attempted to reduce the employee’s pay by almost half two days later.

Approximately one month later, and one day prior to the employee’s surgery, the employee was informed he was being terminated. The company also interfered with the employee’s subsequent efforts to find employment in the same industry.

Such alleged conduct violates Title I of the Americans with Disabilities Act (ADA) which prohibits employers from discriminating against employees with a disability and from engaging in interference, coercion or intimidation because the employee exercised rights protected by the ADA. The EEOC filed its suit (Civil Action No. 4:20-cv-03370) in U.S. District Court for the Southern District of Texas after first attempting to reach a pre-litigation settlement through its voluntary conciliation process.

Under a two-year consent decree entered on Sept. 29, Spike Electric will pay the employee $85,000 in compensatory damages and will also conduct training regarding the ADA’s prohibition against disability discrimination; update its disability accommodation policies; post a notice prohibiting discrimination in the workplace; and provide regular reports to the EEOC concerning complaints of disability discrimination and retaliation.

Source: EEOC

Topics Lawsuits