Producer, Contractor Employees Leverage ADA Accommodations

Alleging discrimination against employees protected by the Americans with Disabilities Act (ADA), the Equal Employment Opportunity Commission has filed suit against Wichita, Texas-based ready mixed producer OK Concrete and settled a case with Baker Concrete Construction, Houston. The agency contends OK Concrete broke federal law by terminating a mixer truck driver candidate who, after completing training in March 2012, informed the producer of time off needs once his health insurance coverage became effective—owing to planned treatment for prostate cancer detected two months prior. EEOC charges that a decision to fire the driver was based on disability discrimination, violating the ADA. Following a pre-litigation settlement attempt, the agency has filed suit in the U.S. District Court for the Northern District of Texas, seeking back pay, compensatory and punitive damages, plus injunctive relief.

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