Pilot Air Freight, LLC, an international freight shipping and logistics company in Atlanta, has agreed to pay $400k to settle a lawsuit brought by the U.S. Equal Employment Opportunity Commission (“EEOC”) that alleged Pilot Air Freight discriminated against an employee based on his disability.
The EEOC alleged in its lawsuit that when employee Thomas Hunt informed his manager that he needed time off for a medical reason, he was terminated 10 days later and told it was because of a reduction in force. Pilot Air Freight claimed Hunt was laid off because his position was eliminated and because he had less tenure than other employees. However, both shortly before and after Hunt’s termination, Pilot Air Freight hired at least 25 employees in Hunt’s location. These employees had less tenure than Hunt but were not laid off. Also, following Hunt’s termination, the company hired an employee in a position very similar to Hunt’s and with a higher salary.
As part of the settlement, in addition to the $400k payment, Pilot Air Freight agreed to train its employees on the Americans with Disabilities Act (“ADA”), the federal law that prohibits discrimination against employees and applicants based on disabilities; to maintain anti-discrimination policies; and to allow the EEOC to monitor disability discrimination complaints at the company.
What this means to you:
Although an employee who has a disability or who has requested an accommodation or leave of absence can be selected for a layoff, the employee cannot be selected because of the disability or request. Employers who go through a reduction in force must use non-discriminatory criteria to select the impacted employees. That criteria could be, for example, seniority, performance review scores, and/or quantity of work. And, if an impacted position will be refilled within the next several months, you should reevaluate the reduction in force because this likely is not a position elimination.
Do your managers and human resources personnel understand the ADA and your organization’s obligations under the ADA? Do they know how to undergo a reduction in force with the most minimal risk to your organization? To learn how our Managing Within the Law and other programs can help, or to book a workshop, please call 800-458-2778 or send us an email.
Updated 10-14-2024
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.
