Maryland residents who have suffered any form of workplace discrimination and decide to speak up may be in danger of employer retaliation. A retaliation case is just as important as the original discrimination claim. Workplace retaliation can include more than just the firing of the individual. Retaliation can also include the employee being demoted in work responsibilities or pay. It can also include the denial of earned promotions.
Fidelity Engineering Corporation provides heating and air conditioning services throughout the Mid-Atlantic area. Recently, a sheet metal mechanic for the company's headquarters in Sparks, Maryland was medically cleared to return to work after having serious heart surgery. Company management, however, wrongfully assumed it would be too great of a risk for the employee to return to work and fired him.
Conduct like this violates the Americans with Disabilities Act, and the worker filed a disability discrimination claim with the U.S. Equal Employment Opportunity Commission. When the company later refused to re-hire the worker for a vacant position in retaliation for his claim, the EEOC added retaliation to its list of charges against Fidelity. Fidelity has recently agreed to settle the lawsuit.
As part of the settlement, Fidelity will pay the dismissed employee over $88,000 in monetary relief. Additionally, the company will revise its policies, procedure and internal organization to reflect a no tolerance for discrimination based on disabilities. Employers must also provide reasonable accommodations for those with disabilities. Fidelity must report to the EEOC to ensure compliance with its new policies.
Maryland residents who have suffered discrimination in the workplace need to make sure their rights are protected. In some cases, employers may not even realize they are engaging in discrimination or retaliation. Experienced employment attorneys can assist individuals dealing with discrimination issues in the workplace, independently of any EEOC claim they may choose to file.
Source: EEOC, "Fidelity Engineering Corporation Settles EEOC Disability Discrimination and Retaliation Suit", June 10, 2013