$100,000 Consent Decree Ends Disabilities Act Lawsuit Against Giant Staffing Agency

by U.S. Equal Employment Opportunity Commission (EEOC)
Contact

EEOC Charged Staffmark Fired Employee Because of Her Prosthetic Leg

CHICAGO - Staffmark Investment LLC, one of the nation's largest commercial staffing companies, will pay $100,000 under a consent decree entered June 25, 2013 which ended a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC).  The EEOC alleged that Staffmark violated the Americans with Disabilities Act (ADA) when it terminated a woman with a prosthetic leg because of her disability.  

Staffmark assigned Dorothy Shanks to work at an Ozburn-Hessey Logistics (OHL) facility located in Romeoville, Ill., to inspect Sony televisions on a temporary basis.  On Shanks's second day on the job, according to the EEOC's complaint, a Staffmark employee told her that she was being removed from the work site because they did not want anyone to bump into her or knock her down.  The EEOC alleged that the employee told Shanks that Staffmark would find her another placement, but she was never sent on another assignment following her termination from the OHL facility.   

The EEOC has also sued Sony, based on allegations that its manager requested Shanks's removal from the assignment.  EEOC's case against Sony is still pending.

The consent decree, entered by U.S. District Court Judge James B. Zagel of the Northern District of Illinois, settles the suit against Staffmark and provides $100,000 in monetary relief to the victim.  The decree also requires Staffmark to report all employee complaints of disability discrimination at two Chicago-area facilities to the EEOC for the next two years.  Staffmark must also train all its supervisory and managerial employees at those facilities on the prevention and eradication of disability discrimination and adopt new policies regarding anti-disability discrimination.  The decree also specifically provides that Staffmark cannot require Shanks to keep the facts underlying the case confidential, waive her rights to file charges with a government agency, or refrain from reapplying for work with Staffmark or any of its clients.

"The ADA makes it illegal to fire a disabled employee due to baseless fears that the individual may injure herself or others," said John Hendrickson, the EEOC's regional attorney in Chicago.  "The early resolution of the case means that Staffmark can quickly get to work implementing the terms of the consent decree, which should make the company a better place for disabled workers to work, free from the threats of illegal discrimination."

John Rowe, the EEOC district director in Chicago, added, "The law is clear that no staffing agency of any kind may safely comply with any client's discriminatory request.  If the EEOC is in the picture, such compliance may prove far from a good business decision, but rather a short-sighted and costly one."

The EEOC filed the case, EEOC v. Staffmark Investment LLC and Sony Electronics, Inc., No. 12-cv-9628, on Dec. 4, 2012 in U.S. District Court for the Northern District of Illinois, Eastern Division, only after first attempting to reach a negotiated settlement through the agency's conciliation process.   EEOC Trial Attorneys Ann Henry and Brad Fiorito and Supervisory Trial Attorney Diane Smason litigated the case against Staffmark and continue to litigate the case against Sony on behalf of the government.

According to the company website, Staffmark is one of the top ten commercial staffing companies in the United States, with more than 300 offices in 30 states. 

The EEOC's Chicago District Office is responsible for processing charges of discrimination, administrative enforcement, and the conduct of agency litigation in Illinois, Wisconsin, Minnesota, Iowa and North and South Dakota, with Area Offices in Milwaukee and Minneapolis.

The EEOC is responsible for enforcing federal laws against employment discrimination.  Further information is available at www.eeoc.gov.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© U.S. Equal Employment Opportunity Commission (EEOC) | Attorney Advertising

Written by:

U.S. Equal Employment Opportunity Commission (EEOC)
Contact
more
less

U.S. Equal Employment Opportunity Commission (EEOC) on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.