EEOC Sues Management Consulting Company for Disability Discrimination

Bookkeeper Dismissed Due to Vision Impairment, Agency Charges

SAN JOSE, Calif. - San  Jose-based enterprise Riviera Consulting & Management Consulting, LLC,  violated federal law when it failed to accommodate an employee with retinitis  pigmentosa and then subsequently fired him because of his disability, the U.S.  Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed  today.

According to the  EEOC, when Farhang Dahmubed was hired in September 2007 as a senior bookkeeper,  he told his employer about his condition within the first week of his  employment.  To accommodate his vision  impairment, Dahmubed simply arranged (on his own initiative) for additional  light near his immediate workspace.  However,  approximately one month later, his supervisor and the owner informed Dahmubed  that he was being terminated due to his inability to drive to deliver paychecks  and pick up mail.  The EEOC found that this  was the first time driving was raised as a job requirement, and although  Dahmubed suggested possible solutions to accomplish these tasks, the company refused  to consider any accommodations and instead fired him.

"All I wanted to do was continue working at a job I loved," said  Dahmubed.  "Instead, I was fired because  of my vision impairment.  I am pursuing  this case so that what happened to me doesn't happen to other people with  disabilities."

Treating a qualified employee  unfavorably because of a disability violates the Americans with Disability Act  (ADA).  The EEOC filed this suit in U.S.  District Court for the Northern District of California after first attempting  to reach a pre-litigation settlement through its conciliation process.   The suit seeks back pay and other monetary  losses, compensatory and punitive damages for Dahmubed and appropriate  injunctive relief to prevent future discrimination.

EEOC San Francisco Regional  Attorney William R. Tamayo said,  "Rather than accommodate Mr. Dahmubed's vision impairment through one of  several simple solutions, this employer chose to ignore the law and got rid of  him because of his disability.  The law  protects employees from precisely such actions."

EEOC San Francisco District Director Michael Baldonado  added, "Disability does not equal inability.   The ADA was enacted to ensure that capable and qualified people like Mr. Dahmubed are not denied the opportunity  to contribute their talents to the work force.  We filed this lawsuit to send a message to  employers that such disability discrimination will not be tolerated."

Riviera Consulting provides financial services and administrative  tasks for four other integrated businesses: Ali Baba Corp., Oasis Care, Inc.,  Sabankaya Select LLC and Sabankaya et al. 

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

 

Topics:  ADA, Disability, Disability Discrimination, Discrimination, EEOC, Hiring & Firing

Published In: Civil Rights Updates, Labor & Employment Updates

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

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