An employer will pay $88,500 to settle claims that it failed to provide the right accommodation to a worker with a disability, in violation of the Americans with Disabilities Act.
The settlement resolves a lawsuit filed by the U.S. Equal Employment Opportunity Commission behalf of Jose Arteaga Rivas, a sheet metal mechanic who worked for Fidelity Engineering Corporation, a Maryland employer.
Rivas underwent heart valve replacement surgery and received medical clearance to return to work with no restrictions. Fidelity assumed that it was “too risky” for him to return to his job and reassigned him to a vacant position, violating ADA, EEOC alleged.
Fidelity agreed to pay Rivas $88,500 to resolve the charges. The settlement also requires Fidelity to implement nondiscrimination and accommodation policies and to adopt a procedure for assessing whether an employee with a disability presents a direct threat to the safety of the workplace.
“In cases like this one, employers need to ensure that they have qualified personnel and concrete policies in place to address whether the individual with a disability is truly a threat to himself or others,” said Spencer H. Lewis, Jr., district director of EEOC’s Philadelphia district office, in a press release.
For more on finding the right accommodation, see Thompson’s HR Compliance Expert.