“…The EEOC contends that once Alia took over,Â Alia management demoted Morgan to a janitorial position, cut his hours and reducedÂ his hourly wages, thereby forcing him to find other employment and resign byÂ June 2009.Â Â The EEOC’s lawsuit arguedÂ that Alia Corporation thus engaged in disability discrimination that violatedÂ the Americans with Disabilities ActÂ (ADA)…”
Alia Corporation, a franchiseeÂ with over 20 fast-food chain restaurants throughout Central California, agreedÂ to pay $100,000 to settle a disability discrimination lawsuit filed by the U.S.Â Equal Employment Opportunity Commission (EEOC), the federal agency announcedÂ today.
The EEOC originally filed suit against the Merced,Â Calif.-based company in 2011 on behalf of Derrick Morgan, a former floorÂ supervisor with an intellectual disability (EEOC v. Alia Corporation, CaseÂ No. 1:11-cv-01549-LJO-BAM, U.S. District Court, Eastern District ofÂ California).Â Morgan was known to be a good employee andÂ promoted by previous management from crew member to superÂvisor in 2008.
AsÂ part of the settlement announced today, the parties entered into a three-yearÂ consent decree requiring Alia to hire an equal employment opportunity (EEO) monitorÂ to create anti-discrimination policies and procedures; a complaint process andÂ impartial investigations; a centralized tracking system for discriminationÂ complaints; a system to hold employees accountable for discrimination; and,Â annual live disability discrimination training for all management and humanÂ resources employees.Â The $100,000 inÂ monetary relief shall be paid entirely to Morgan.Â The EEOC will monitor compliance with the agreement.
“Employers cannot allow biases and stereotypes to factorÂ into employment decisions,” said Anna Y. Park, regional attorney for the EEOC’sÂ Los Angeles District Office, which includes Fresno in its jurisdiction.Â “The EEOC commends Alia Corporation forÂ today’s settlement, as it marks a new path for Alia — one which includes equalÂ employment opportunity for all of their employees, regardless of disabilities.”
MelissaÂ Barrios, director of the EEOC’s Fresno Local Office, said, “Disability discriminationÂ charges are on the rise in California, comprising 30% of all chargesÂ filed.Â Workers who are unjustlyÂ penalized due to their disabilities have protections under federal law, and theÂ EEOC is here to help.”
For more:Â http://www.eeoc.gov/eeoc/newsroom/release/4-18-13.cfm