$120,000 Settlement in Disability and Age Discrimination Lawsuit, Training Ordered

Tuesday, February 7, 2012

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

DXP Enterprises, Inc., doing business as DXP Safety  Alliance, Inc., has agreed to settle a disability and age discrimination lawsuit  filed by the U.S. Equal Employment Opportunity Commission (EEOC) for $120,000  and other relief.

The  EEOC’s lawsuit, EEOC v. DXP Enterprises,  Inc., d/b/a DXP Safety Alliance, Inc., 11-cv-00849 JCH/KBM, charged that DXP  hired Connie Brooks and then fired her a few days later after learning she had  had a prior back injury. The EEOC  alleged that DXP terminated Brooks because of her disability and/or the  intersection of disability and age.

Disability  discrimination violates Title I of the Americans with Disabilities Act (ADA). The  Age Discrimination in Employment Act (ADEA) prohibits employment discrimination  based on age (over age 40). The EEOC  filed suit in U.S. District Court for the District of New Mexico after first  attempting to reach a pre-litigation voluntary settlement through its conciliation  process.

In  addition to monetary relief for Brooks, the consent decree settling the suit  provides for other important relief, including an injunction prohibiting  further discriminatory practices; institution of policies and procedures to  address disability and age discrimination; training for employees, managers and  human resource officials on disability and age discrimination; posting a notice  advising employees of their rights under the ADA and ADEA; and a letter of  reference for Brooks.

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