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HotelFired Employee With Asthma, Federal Agency Says

SAN DIEGO - The U.S. EqualEmployment Opportunity Commission (EEOC) announced today the settlement of adisability discrimination lawsuit against Merritt Hospitality, LLC and HEIHotels and Resorts, LLC, which have agreed to pay $125,000 and provide otherinjunctive relief. This settlement was approved by the U.S. District Court ofSouthern California.

According to the EEOC's lawsuit, anemployee at the Embassy Suites hotel in San Diego was assigned to a workspacethat did not have ventilation or windows. These working conditions exacerbatedthe employee's disability, causing significant breathing issues. The employeeimmediately informed the company that she needed an accommodation for herdisability. The company failed to provide her with an effective accommodation.Within days of this request, the employee was forced to the emergency roomwhere she remained overnight due to the severity of her condition. Instead ofengaging in the interactive process with the employee, the company fired her,the EEOC charged.

Such conduct violates the Americanswith Disabilities Act (ADA). The EEOC filed suit in the U.S. District Court forthe Southern District of California (U.S. EEOC v.Merritt Hospitality, LLC et al., Case No. 3:18-cv-0654 MMA-AGS)after first attempting to reach a pre-litigation agreement through itsconciliation process. The court will maintain jurisdiction over this case forthe term of the five-year consent decree.

In addition to monetary relief, MerrittHospitality has agreed to retain an EEO monitor; appoint an internal ADAcoordinator; revise its written policies and procedures regarding compliancewith the ADA; create and maintain an accommodation log; implement training toall employees on the ADA; develop a centralized tracking system for accommodationrequests and discrimination complaints; and submit annual reports to the EEOCverifying compliance with the decree.

"The interactive process is anintegral part of the ADA and requests for accommodations must be takenseriously," said Anna Park, regional attorney for the EEOC's Los AngelesDistrict Office, which includes San Diego in its jurisdiction. "We areencouraged that Merritt Hospitality and HEI Hotels and Resorts have put inplace meaningful measures to address disability discrimination and more inclusive workplace."

Christopher Green, director of theEEOC's San Diego Local Office, added, "The EEOC strives to dispel the stereotypethat providingreasonable accommodationswill have a negative impact on employers. The injunctive relief put in place bythis decree will have a long-lasting effect on the company and all itsemployees."

One of the six national prioritiesidentified by the Commission's Strategic Enforcement Plan (SEP) is for the EEOCto address emerging and developing issues in equal employment law, includingissues involving the ADA and pregnancy-related limitations, among otherpossible issues.

The EEOCadvances opportunity in the workplace by enforcing federal laws prohibitingemployment discrimination. More information is available atwww.eeoc.gov.Stay connected with the latest EEOC news by subscribing to ouremail updates.