CHICAGO - Des Plaines, Ill.-based M&M Limousine Service will pay a
deaf job applicant $30,000 to settle a disability discrimination
lawsuit filed by the U.S. Equal Employment Opportunity Commission
(EEOC), the federal agency announced
today.
The EEOC's lawsuit charged M&M Limousine with violating federal
discrimination law when it refused to hire the applicant based on his
disability and failed to consider whether he could do the job, with or
without reasonable accommodation.
Such alleged conduct violates the Americans with Disabilities Act
(ADA), which prohibits discrimination based on disability and requires
an individualized assessment of whether an applicant with a disability
can perform the job with or without
reasonable accommodation. The EEOC filed its suit (Civil Action No.
1:19-CV-04213) in U.S. District Court for the Northern District of
Illinois after first attempting to reach a pre-litigation settlement
through its conciliation process.
M&M will pay $30,000 in monetary relief to the discrimination
victim as part of a three-year consent decree settling the suit, signed
by U.S. District Judge Gary Feinerman on Feb. 19, 2020. The decree also
provides non-monetary relief
intended to prevent disability discrimination in M&M's workplace.
M&M must train managers and supervisors on disability discrimination
and requests for reasonable accommodations under the ADA. The company
must track accommodation requests
and complaints of disability discrimination and report them to the EEOC.
Greg Gochanour, EEOC regional attorney in Chicago, noted that the
settlement had been negotiated before the parties engaged in extended
litigation or pre-trial discovery.
"Early resolution of the case is good news for everyone," said
Gochanour. "The parties avoid the delay and costs associated with
protracted litigation. The job applicant receives compensation for his
damages sooner rather than later, and
corrective measures will soon be put in place."
EEOC District Director Julianne Bowman added, "This settlement serves
as a reminder that the ADA prohibits employers from making
discriminatory assumptions about deaf people during the hiring process
and requires an individualized assessment as
to whether a deaf applicant can perform the essential functions of the
job with or without reasonable accommodations."