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ARTICLE ID 195710

$________ – EEOC – Discrimination – Prestigious university sued by EEOC for disability discrimination – Alleged Violation of ADA.

U.S. District Court, District of Columbia

In this action, the U.S. Equal Employment Opportunity Commission (EEOC) accused a university of disability discrimination. The matter resolved via settlement.

The defendant, Howard University, is a historically black university located in the District of Columbia. The complainant, Clarence M., who has diabetes that resulted in kidney failure, applied – and was interviewed for – a protective services officer and protective services supervisor position with Howard University Hospital, a division of the university. During the interview, when asked about his shift preferences, the complainant disclosed that he preferred the evening shift because of his dialysis schedule. The complainant had over 40 years of experience as a police officer and security guard, including experience as a homicide detective and supervisor. The defendant hired more than 40 security officers and supervisors, but refused to hire the complainant, despite his excellent qualifications, because of his disability.

The EEOC filed suit in the U.S. District Court for the District of Columbia after first attempting to reach a voluntary settlement through its conciliation process. The EEOC accused the defendant of disability discrimination in violation of the Americans with Disabilities Act (ADA). The plaintiff sought damages for the complainant, as well as injunctive relief.The matter was resolved via settlement, in which the defendant agreed to pay $________ and enter into a two-year consent decree. Per terms of that decree, defendant was enjoined from engaging in any further disability discrimination, and further agreed to several remedial measures. Those measures include: Providing annual training to managers and those responsible for hiring within the hospital’s Department of Protective Services on the ADA, and posting both its anti-discrimination policy and a notice about the settlement on the human resources bulletin board. The defendant will also report the handling of any alleged disability discrimination by their department of protective services to the EEOC for the term of the decree.

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