International Recycling Company and Staffing Agency Refused to Assign Employee With Hearing Loss, Federal Agency Charged

Sims Recycling Solutions, Inc., an international electronics recycling company, and All-Star Personnel, Inc., a local staffing agency, will pay $25,000 and furnish other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency recently announced.

In its lawsuit, EEOC charged that Sims and All-Star violated federal law by refusing to assign an individual temporary work because she has a hearing impairment. EEOC's suit contended that All-Star assigned the employee to work at a Sims recycling facility in LaVergne, Tenn. When Sims learned the employee had a hearing impairment, Sims and All-Star told the employee she could not work there.

Denying an individual employment opportunities because of a hearing impairment is a form of disability discrimination and violates the Americans with Disabilities Act (ADA). EEOC filed suit (Civil Action 3:15-0136) in U.S. District Court for the Middle District of Tennessee, Nashville Division, after first attempting to settle the matter out of court through its conciliation process.

Besides the $25,000 in monetary relief, the two-year consent decree settling the lawsuit prohibits Sims and All-Star from discriminating against applicants and employees on the basis of a disability in the future. The decree also requires Sims and All-Star to create policies for providing reasonable accommodations to applicants; provide training on employee rights under the ADA; provide two reports to EEOC; and post an ADA notice to all employees that provides EEOC's contact information.

"Last month, we celebrated the 25th Anniversary of the ADA," said Faye A. Williams, regional attorney of the EEOC's Memphis District Office which has jurisdiction over Arkansas, Tennessee and portions of Mississippi. "This case serves as a reminder of the importance of that act to assist people with disabilities who face unequal treatment in the workplace because of stereotypical assumptions about their ability to perform in the workplace."

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its website at www.eeoc.gov.