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September 11, 2024
The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that it settled a disability discrimination lawsuit against an international freight company.
In its lawsuit, the EEOC alleged that Pilot Air Freight, LLC, an international freight shipping and logistics company, fired a manager because he had cancer. Specifically, the EEOC alleged that, in early June 2019, Thomas Hunt, an International Manager for Pilot who was hired to help the company increase revenue, informed his manager that he needed time off to see his doctor about some biopsy results related to a tumor growth in his mouth. Approximately ten days later, Pilot terminated Hunt’s employment, allegedly as part of a reduction in force. The termination came just four days before Hunt’s health benefits with Pilot were scheduled to start. Pilot claimed that it chose Hunt for lay-off because he was less tenured than other employees and because his position was eliminated. However, in the months leading up to and following Hunt’s discharge, Pilot posted over 85 job openings nationwide, and hired 25 new employees in Atlanta, Georgia (where Hunt worked). Many of these employees were not discharged based on tenure. One employee was hired into a position similar to Hunt’s at a salary higher than Hunt’s.
The EEOC alleged that, at the time of his discharge, Hunt was able to perform all of the duties of his International Manager position with or without a reasonable accommodation. He was not given an opportunity to request an accommodation or engage in any interactive process.
Such alleged conduct, if proven, violates the Americans with Disabilities Act (ADA), which prohibits discrimination based on known or perceived disabilities.
The EEOC resolved the lawsuit against Pilot with a one-year consent decree. Pilot will pay $400,000 in monetary damages to Hunt; train its employees on the ADA; maintain certain anti-discrimination policies; post an employee notice; and allow the EEOC to monitor complaints of disability discrimination.
The case is EEOC v. Pilot Air Freight, LLC, Case No. 1:21-CV-03936-MLB-LTW (N.D.Ga.).
Employers: Regardless of their disability status, all employees have an equal opportunity to enjoy the privileges and benefits of employment.
This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice. Always consult an attorney with specific legal issues.
