Worker who needed oxygen tank was fired, NC suit says. Now company owes her $25,000
A North Carolina company that distributes commercial-grade restaurant equipment will pay a former employee $25,000 to settle allegations it violated federal anti-discrimination laws.
The Equal Employment Opportunity Commission, which is tasked with safeguarding and enforcing anti-discrimination laws in the workplace, sued Winston-Salem-based TriMark Foodcraft last year on behalf of Jean S. Perry, who said she was fired after requesting to bring an oxygen tank to work.
TriMark agreed to settle the suit Friday.
Under the terms of a two-year consent decree, TriMark will pay Perry $25,000, amend its anti-discrimination policies, provide training to human resources employees and send periodic reports to the EEOC.
“Employers cannot prevent employees from being productive members of the workforce because of mere inconvenience or preconceived ideas about medical conditions,” Melinda C. Dugas, regional attorney for the EEOC’s Charlotte District Office, said in a news release announcing the settlement.
An attorney representing Perry and representatives for TriMark did not immediately respond to McClatchy News’ request for comment on Tuesday.
The EEOC said Perry was placed at TriMark through a staffing agency in October 2018 as a costing clerk in accounts payable. TriMark provides food equipment and supplies to regional and chain restaurants, according to its website.
On Dec. 2, 2018, Perry was hospitalized after she experienced trouble breathing and was diagnosed with chronic bronchitis and emphysema — both illnesses that affect the lungs, the EEOC said.
“Perry has difficulty breathing when she walks more than thirty steps and her lungs operate at a diminished capacity,” the complaint states. “At all relevant times, Perry’s medical conditions have required daily medical treatment, including the use of an oxygen device during certain activities.”
Over the following two days, Perry’s attorney said she told the staffing agency she was coming back to work with an oxygen tank. She also explained she would need an electrical outlet for the device.
But when the agency informed TriMark, the company reportedly denied her request. Perry was subsequently fired on Dec. 4, 2018, the EEOC said.
Perry filed a charge of discrimination with the EEOC, which determined on April 15, 2020, that there was reasonable grounds to believe TriMark violated the Americans with Disabilities Act in firing her. The ADA bars discrimination based on disability.
The EEOC said it reached out to TriMark to try and resolve the allegations, to no avail, and a complaint was filed in November 2020.
The case went to mediation earlier this year, court filings show, with Perry filing her intervenor complaint last month.
TriMark and the EEOC submitted the consent decree Oct. 21, which the judge approved Friday. As part of the agreement, TriMark will include job modifications that constitute a reasonable accommodation under the ADA on its anti-discrimination policy and will post the policy for employees. The company also agreed to provide ADA training for HR employees yearly and update the EEOC periodically on its progress.
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