Settlement Resolves Federal Suit Charging Jivaro Professional Headhunters Unlawfully Fired Employee For Filing Disability Complaint
BOISE, Idaho — Recruiting services company Jivaro Professional Headhunters will pay $125,000 to a former employee and provide other relief to settle a disability discrimination and retaliation lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC) and the former employee, the federal agency announced today.
According to the EEOC’s lawsuit, Felicia Bauer was hired as a senior technical recruiter to work at the company’s Hailey, Idaho facility. After Bauer was hospitalized due to her disability, the company unlawfully fired her. When she filed a charge with the EEOC alleging that Jivaro had discriminated against her, the company retaliated against her by providing negative and misleading job references to potential employers and filed a lawsuit against her in state court for reporting Jivaro to the EEOC.
Under the Americans with Disabilities Act (ADA), it is illegal to fire an employee because of disability or the need for an accommodation, and the law also prohibits retaliation against workers who report such discrimination. After first attempting to reach a pre-litigation settlement through its conciliation process, the EEOC filed the lawsuit (EEOC v. Jivaro Professional Headhunters, LLC, Case No. 1:20-cv-00461-CWD) in U.S. District Court for the District of Idaho.
According to the five-year consent decree settling the suit, in addition to Jivaro paying Bauer $125,000 in monetary relief, the company has agreed to hire an ADA consultant and to implement policies to ensure compliance with the ADA and anti-retaliation laws. Jivaro will also train its managers, supervisors, HR staff and employees on these topics, emphasizing the employer’s obligations to accommodate applicants and employees with disabilities. During the five-year decree’s term the EEOC will monitor the company’s compliance with the law.
“You have the right to request a reasonable accommodation for a disability and to report treatment you believe to be illegal disability discrimination,” said EEOC District Director Nancy Sienko. “Your employer cannot punish you just because you asserted your rights and filed a complaint with the EEOC.”
EEOC Senior Trial Attorney Teri Healy said, “This employer acted callously towards an employee who needed accommodation and took extraordinary measures to punish her for asserting her rights. The EEOC will vigorously defend employees to protect their right to report discrimination without fear that their employer will act vindictively. We are encouraged by Jivaro’s agreement to take steps to make its workplace free from discrimination and retaliation and hope we don’t see this type of action again.”
Jivaro Professional Headhunters, LLC is a privately owned recruiting agency with three branches in Idaho providing client services in California, Texas, and Idaho.
The EEOC enforces federal laws prohibiting employment discrimination. For more information about the EEOC and disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.
