$1.7 Million to be Paid by Packing Solutions Company for Disability Discrimination, Training Ordered

 
Friday, November 6, 2015
 

Question:  Would disability discrimination training have prevented this case?  See our trainings at http://www.hrclassroom.com.

Pactiv LLC, an Illinois-based provider of advanced packing solutions to customers around the world, will pay $1,700,000 to conciliate a disability discrimination charge filed with the U.S. Equal Employment Opportunity Commission (EEOC).

The agreement results from an EEOC investigation which found reasonable cause to believe that Pactiv discriminated against individuals with disabilities by disciplining and discharging them according to its nationwide policies to issue attendance points for medical-related absences; not allowing intermittent leave as a reasonable accommodation; and not allowing leave or an extension of leave as a reasonable accommodation.

Such alleged conduct violates the Americans with Disabilities Act (ADA). Pactiv agreed to conciliate the matter with EEOC and a class of individuals, including the individual who filed a charge, rather than pursue the matter through litigation.

The settlement provides monetary relief to those who have already been discriminated against, and also ensures the company will take proactive measures to prevent discrimination from occurring. According to the agreement, Pactiv will:

  1. conduct ADA training at each of its locations nationwide;
  2. revise and distribute its ADA policy and procedures, including those related to providing reasonable accommodations to employees; and
  3. revise and distribute nationwide its new attendance policy that will not assess points for disability-related absences.

The company will also provide periodic reporting to EEOC on all accommo­dation requests from employees and on all employees separated or assessed attendance points, and post an internal notification to its employees nationwide of this conciliation.

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