Finally, some justice: The EEOC was recently ordered to cut a hefty check to cover an employer’s legal fees after the agency mishandled an employee’s frivolous lawsuit.
Henry Velez suffered from a rare medical condition that made him unable to sweat. Despite that problem, he worked in manual labor for most of his life — he was simply required to take period breaks to cool down.
While working for Agro Distribution, he spent about two years without any problems — his manager allowed to take breaks as needed.
Then every employee in Velez’s position was assigned a new duty — the unpleasant task of unloading dirty, empty barrels that had been used to feed cattle. Velez told his boss his condition prevented him from helping.
The manager wouldn’t hear of it — after all, he’d been performing similar work for two years. What was different now?
Velez filed a complaint with the EEOC, alleging the company violated the Americans with Disabilities Act (ADA). The agency thought he had a case.
However, the EEOC handled the matter in a way that was less than objective, according to the company. When an investigator came to the facility, she insulted managers, scoffed at their answers to questions and attempted to rephrase their statements to favor Velez.
Afterward, the company claimed it tried to contact the EEOC to offer a settlement, but the agency never responded.
Eventually, the issue ended up in court. The judge agreed with the company that Velez wasn’t protected by the ADA. And, the court ruled, the EEOC “failed to conciliate in good faith.”
The final decision: The case was tossed, and the EEOC was forced to pay Agro’s legal fees.
Cite: EEOC v. Agro Distribution LLC
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