Consent Decree Requires Training and Anti-Discrimination Policy
March 27, 2003
An Illinois federal court, in a consent decree resolving a
disability discrimination case, has required the employer to train both managers
and human resource staff, and to issue an antidiscrimination policy. As part of
the consent decree, the employer was also required to pay the complaining
employee $150,000 damages and to post a notice to all employees regarding the
discrimination claim.
The Equal Employment Opportunity Commission (EEOC) filed
the action alleging R.R. Donnelley & Sons Co., Inc. violated the Americans with
Disabilities Act (ADA) by failing to accommodate and terminating David Mateski,
a temporary Donnelley employee and a paraplegic graphics technician who uses a
wheel chair. Mateski, who holds two degrees in commercial graphics, was hired
through a temporary agency. A few hours after he arrived on his first day, he
encountered a rare incontinence problem and was permitted to return home to deal
with it. That afternoon, his supervisor called the temporary agency and stated
Mateski could not come back to work. Mateski filed a discrimination charge
with the EEOC, which found probable cause to believe Donnelley had discriminated
based on Mateski’s disability.
Pre-trial discovery showed Donnelley had written policies
prohibiting disability discrimination, but did not train managers at the
location where Mateski worked.
Consent Decree Terms
The consent decree ordered Donnelley to pay $150,000 in
damages to Mateski, and further prohibited any discrimination based on
disability or failure to reasonably accommodate employees, including temporary
employees. Donnelley was prohibited from retaliating against persons engaging
in protected activities. The company was required to keep records of all
disability complaints, reasonable accommodation requests and efforts to resolve
these matters for EEOC inspection. In addition, Donnelley was ordered to adopt
a revised online policy against disability discrimination containing information
mandated by the court and to distribute the policy to all employees, including
temporary employees. The court ordered that all managers and untrained human
resource employees be trained regarding disability discrimination and reasonable
accommodation. Finally, Donnelley was required to post a notice on its bulletin
board providing specific information about the consent decree, which will be in
effect for the next 18 months.
Training Requirements
Specifically, as to the training, the court ordered that
all employees who exercise hiring and firing authority at the facility where
Mateski worked participate in a training program during the next two years. The
program must be conducted by a trainer paid by Donnelley and approved by the
EEOC and must focus on disability discrimination and the duty of reasonable
accommodation of qualified disabled employees. In addition, all current human
resource employees who had not already been trained are required to receive the
training. Donnelley was ordered to keep records of all training sessions,
including attendance, date, location, duration, and a copy of the training
materials.
Both lawyers and officials for the EEOC commented that the
consent decree was important because it involved a major employer in the Chicago
metropolitan area, provided for a large monetary award and made clear that
employers must train their personnel staff about implementing policies against
discrimination.
In two other recent cases brought by the EEOC against
Target Corporation and Babies “R” Us (a division of Toys “R” Us), the courts
also entered consent decrees requiring both companies to train employees
regarding the provisions of Title VII and the ADA. Babies “R” Us was ordered to
pay $205,000, to train all employees on Title VII and ADA requirements, and to
provide specialized training for all human resource personnel on how to conduct
prompt and effective investigations of complaints. In the Target case, the
company was ordered to pay $95,000, and training was required for all management
personnel.
Practical Impact for Employers
These cases illustrate the continued importance that both
the courts and government agencies are placing on training for all employees,
both managerial and nonmanagerial, on antidiscrimination laws. In the Donnelley
case, the court and EEOC will now oversee this company’s operations in several
areas of compliance for the next 18 months. In addition, these companies will
pay monetary damages to the complainants that, while not exceeding the cost of
several years of litigation, far exceed the cost of a few training sessions on
the basic discrimination laws. These cases should remind all employers of the
old saying – an ounce of prevention is worth a pound of cure.
For more information, call Myrna Galligano, toll free, at
1-888-688-8500.
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