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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.