An Illinois federal court, in a consent decree resolving a disability discrimination case, has required the employer to train both managers and human resource staff, and to issue an antidiscrimination policy. As part of the consent decree, the employer was also required to pay the complaining employee $150,000 damages and to post a notice to all employees regarding the discrimination claim.
The Equal Employment Opportunity Commission (EEOC) filed the action alleging R.R. Donnelley & Sons Co., Inc. violated the Americans with Disabilities Act (ADA) by failing to accommodate and terminating David Mateski, a temporary Donnelley employee and a paraplegic graphics technician who uses a wheel chair. Mateski, who holds two degrees in commercial graphics, was hired through a temporary agency. A few hours after he arrived on his first day, he encountered a rare incontinence problem and was permitted to return home to deal with it. That afternoon, his supervisor called the temporary agency and stated Mateski could not come back to work. Mateski filed a discrimination charge with the EEOC, which found probable cause to believe Donnelley had discriminated based on Mateski’s disability.
Pre-trial discovery showed Donnelley had written policies prohibiting disability discrimination, but did not train managers at the location where Mateski worked.
Consent Decree Terms
The consent decree ordered Donnelley to pay $150,000 in damages to Mateski, and further prohibited any discrimination based on disability or failure to reasonably accommodate employees, including temporary employees. Donnelley was prohibited from retaliating against persons engaging in protected activities. The company was required to keep records of all disability complaints, reasonable accommodation requests and efforts to resolve these matters for EEOC inspection. In addition, Donnelley was ordered to adopt a revised online policy against disability discrimination containing information mandated by the court and to distribute the policy to all employees, including temporary employees. The court ordered that all managers and untrained human resource employees be trained regarding disability discrimination and reasonable accommodation. Finally, Donnelley was required to post a notice on its bulletin board providing specific information about the consent decree, which will be in effect for the next 18 months.
Training Requirements
Specifically, as to the training, the court ordered that all employees who exercise hiring and firing authority at the facility where Mateski worked participate in a training program during the next two years. The program must be conducted by a trainer paid by Donnelley and approved by the EEOC and must focus on disability discrimination and the duty of reasonable accommodation of qualified disabled employees. In addition, all current human resource employees who had not already been trained are required to receive the training. Donnelley was ordered to keep records of all training sessions, including attendance, date, location, duration, and a copy of the training materials.
Both lawyers and officials for the EEOC commented that the consent decree was important because it involved a major employer in the Chicago metropolitan area, provided for a large monetary award and made clear that employers must train their personnel staff about implementing policies against discrimination.
In two other recent cases brought by the EEOC against Target Corporation and Babies "R" Us (a division of Toys "R" Us), the courts also entered consent decrees requiring both companies to train employees regarding the provisions of Title VII and the ADA. Babies "R" Us was ordered to pay $205,000, to train all employees on Title VII and ADA requirements, and to provide specialized training for all human resource personnel on how to conduct prompt and effective investigations of complaints. In the Target case, the company was ordered to pay $95,000, and training was required for all management personnel.
Practical Impact for Employers
These cases illustrate the continued importance that both the courts and government agencies are placing on training for all employees, both managerial and nonmanagerial, on antidiscrimination laws. In the Donnelley case, the court and EEOC will now oversee this company’s operations in several areas of compliance for the next 18 months. In addition, these companies will pay monetary damages to the complainants that, while not exceeding the cost of several years of litigation, far exceed the cost of a few training sessions on the basic discrimination laws. These cases should remind all employers of the old saying – an ounce of prevention is worth a pound of cure.
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