Wayne Farms Sued for Allegedly Discriminating Against Alabama Workers for Disabilities

A lawsuit filed by the U.S. Equal Employment Opportunity Commission claims Wayne Farms illegally discriminated against two employees for their disabilities.

EEOC said Monday that Wayne Farms’ inflexible attendance policy violated the rights of certain workers at its poultry processing facilities on on Plugs Drive in Decatur.

The lawsuit, which was filed Aug. 18 in the U.S. District Court for the Northern District of Alabama, acknowledges employee Latonya Hodges, who was fired from her job after reaching her maximum number of absences despite providing medical excuses related to her asthma.

Salvadora Roman, another worker who suffered severe wrist and hand pain, was told she would be terminated if she continued to miss work after accumulating eight occurrences under the company’s attendance policy. The lawsuit said she was denied the opportunity to transfer from the plant’s deboning line.

Delner-Franklin Thomas, district director of EEOC’s Birmingham District Office, said the alleged conduct infringes on the Americans with Disabilities Act.

“The ADA requires that employers provide reasonable accommodations, including time off, to workers with disabilities,” she said in a statement. “Attendance policies that categorically limit an employee’s absences, without consideration of the individual circumstances of disabled employees, can run afoul of federal law.”

EEOC, which said it attempted to reach a pre-litigation settlement with Wayne Farms, is now seeking “a court order requiring Wayne Farms to comply with the ADA and barring the company from applying its attendance policy to disabled employees who require additional medical leave as a reasonable accommodation.”

“In addition, EEOC seeks lost wages and benefits, compensatory and punitive damages, and other relief for victims and the public,” the organization said.

Wayne Farms plans to actively dispute the EEOC class action lawsuit, saying the case stems from 2011 allegations investigated by the federal agency relating to employee absenteeism and termination following repeated, unexcused absences.

“While we have not seen the EEOC’s reported disability discrimination suit, it appears it was based on the extensive investigations conducted five years ago,” said Wayne Farms Vice President and General Counsel Jeremy Kilburn. “Wayne Farms is completely confident that management met all legal and contract obligations to the two Decatur, Alabama employees who filed the underlying EEOC charges, neither of whom raised any issue through the agreed union contract processes. Given the facts we presented in response to the investigation, and given the EEOC’s inexplicable delay in pursuing this matter, we will vigorously defend the action when received.”

Source: www.al.com www.al.com

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