U.S. Military Services Provider Terminated Employee Because of His Disability, Federal Agency Charges
ATLANTA – Fluor Federal Global Projects, Inc., Fluor Corporation, and Fluor Enterprises, Inc. (collectively “Fluor”), purported global leading provider of maintenance, procurement, engineering, and construction solutions to clients around the world, including the U.S. military, unlawfully terminated an employee because of his disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it recently filed.
According to the EEOC’s suit, in August 2019, Dave Hall, MWR Technician Senior, submitted documentation to Fluor from his doctor detailing that a successful surgery rendered him cancer-free and fit for duty and re-deployment to Afghanistan. Upon receipt, however, Fluor immediately deemed Hall medically disqualified and released him from the project. Fluor Federal failed to conduct an independent evaluation of Hall’s ability to perform his job and could have provided Hall with a waiver, allowing him to be re-deployed, but failed to do so.
Such alleged conduct violates the Americans with Disabilities Act (ADA). The EEOC filed suit (Civil Action No. 1:21-cv-4062 AT CMS) in U.S. District Court for the Northern District of Georgia, Atlanta Division, after first attempting to reach a pre-litigation settlement via its conciliation process. The EEOC is seeking back pay, compensatory damages, and punitive damages for Mr. Hall, as well as injunctive relief to prevent future discrimination.
“The ADA prohibits employers from terminating their employees because of a disability and denying them equal employment opportunities,” said Marcus G. Keegan, regional attorney for the EEOC’s Atlanta District Office. “Here, where the termination was immediate upon receiving notice of a disability, there was a clear violation of the ADA.”
Darrell Graham, district director of the Atlanta office, said, “The EEOC is committed to enforcing the ADA to protect the rights of such aggrieved employees.”
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.
