North Carolina business fired disabled employee for needing oxygen tank, set to pay $25,000 settlement

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A woman fired from her job for a medical disability is getting an overdue payday.

TriMark Foodcraft, a commercial kitchen equipment corporation, is paying a former employee $25,000 to settle a disability discrimination lawsuit related to necessary medical equipment. The corporation will also modify its current anti-discrimination policy to include examples of job modifications for employees with disabilities under the Americans with Disabilities Act, according to the United States Equal Employment Opportunity Commission.

EEOC’s complaint alleges Jean S. Perry, the former employee, was hospitalized in December 2018 for breathing complications related to her disability. When she tried to return to work, she notified TriMark she needed to use a personal oxygen device while on the clock. TriMark then fired her, with the EEOC suing the corporation in response.

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“This settlement represents a step forward in ensuring that the dream of equal opportunity in the workplace is realized by all employees regardless of their protected status,” EEOC District Director Thomas Colclough said. “I applaud TriMark in taking this step by training its human resources employees on the ADA and the protections the ADA affords people with disabilities.”

In addition to the payment and the anti-discrimination policy adjustments, TriMark is also required to conduct annual ADA training for human resource employees, with specialized training for the decision-maker on amendments made to the corporation’s anti-discrimination policy. TriMark is also required to provide periodic reports to the EEOC.

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The Washington Examiner contacted both TriMark and the EEOC for comment, but neither could immediately respond.

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