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- Tamco Professional Coating Services Fired an Employee Due to Hearing Loss, Federal Agency Charges
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The EEOC's suit charged that Tamco told the employee, a foreperson, that its insurance costs would increase because of the foreperson's hearing loss. Soon after, it fired the foreperson, purportedly for failing to wear hearing protection. Tamco did so without following its own progressive discipline process. It has claimed that, apart from the foreperson, it has never fired anyone for failing to wear hearing protection.
Such alleged conduct violates Americans with Disabilities Act (ADA). The EEOC filed its suit (Civil Action No. 2:19-cv-10775) today in
The EEOC, which has authority to bring the suit on behalf of the public, has asked the court to permanently enjoin Tamco from engaging in future discrimination. It has also asked the court to order the company to pay the foreperson both punitive and compensatory damages, in addition to lost wages and benefits.
"Employers cannot make - and rely upon - unsubstantiated assumptions about an employee's physical or mental impairments," said
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.