A Memphis-based owner of plasma centers is being sued by the US Equal Employment Opportunity Commission because it allegedly fired an employee believed to be HIV-positive, though it was later found that the employee was negative for HIV.
The EEOC said firing an employee for a perceived disability or having a record of disability, is a violation of the Americans with Disabilities Act (ADA).
The agency’s lawsuit, filed in US District Court for the Western District of Tennessee, seeks back pay for the employee, compensatory and punitive damages and a permanent injunction against Plasma Biological Services against further discrimination on the basis of discrimination. The company has more than 30 locations in 14 states.
EEOC said it filed the lawsuit only after it failed to reach a voluntary settlement with the plasma center.
According to the lawsuit, Plasma Biological Services placed the employee on a deferred donor list after an initial screening for a plasma donation showed a viral marker for HIV. The employee was fired after his supervisor learned he was placed on the deferred list. Tests later showed the employee was not HIV positive.
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A Laughlin, Nev.-based hotel agreed to a $150,000 settlement to end a harassment and discrimination lawsuit filed by the EEOC.
According to the agency, Pioneer Hotel violated the Civil Rights Act of 1964 by allegedly subjected a “class of Latino and/or brown-skinned workers”—particularly housekeeping and security staffers—to a “barrage of highly offensive and derogatory comments about their nation origin and/or skin color since at least 2006.”
The workers were also told not to speak Spanish during breaks and the hotel did not to correct or end the discrimination after repeated complaints by the workers, said the EEOC.
“Combating systemic harassment in the workplace is a priority for the EEOC,” said Anna Park, regional attorney for EEOC’s Los Angeles District. “Isolated instances of harassment can quickly escalate into a full-scale hostile work environment when employers neglect their duty to take immediate, corrective action upon learning of the initial problem.”
Pioneer Hotel paid $150,000 to the class and agreed to hire an outside consultant to assist with policies and procedures. Management will attend training on responsibilities under the act.
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A manufacturer and servicer of elevators and escalators will pay $85,000 for violating a mediation agreement with the EEOC and retaliating against an employee who had previously filed a charge of discrimination for wrongful discharge.
KONE Inc, headquartered in Moline, Ill., had entered a mediation settlement with the EEOC in 2009 to settle the discrimination charge and as part of the agreement, KONE was to ensure the employee was still eligible for rehire. However, KONE continued to list the former employee as ineligible for rehire in the personnel system and denied the employee rehire on multiple occasions from 2009 to 2012, said the EEOC.
The conduct violated Title VII of the Civil Rights Act of 1964, said the EEOC.
“Employers cannot deny someone employment simply because the person has exercised their protected rights under Title VII,” said Faye A. Williams, regional attorney for the Memphis District.
Chad Hemenway is Managing Editor of Advisen News. He has more than 15 years of journalist experience at a variety of online, daily, and weekly publications. He has covered P&C insurance news since 2007, and he has experience writing about all P&C lines as well as regulation and litigation. Chad won a Jesse H. Neal Award for Best Single Article in 2014 for his coverage of the insurance implications of traumatic brain injuries and Best News Coverage in 2013 for coverage of Superstorm Sandy. Contact Chad at 212.897.4824 or [email protected].
