Benefits August 31, 2011

American Samoa Accused of Forcing out Older Workers

August 31, 2011 (PLANSPONSOR.com) – The U.S. Equal Employment Opportunity Commission (EEOC) announced it filed a lawsuit charging the government of American Samoa discriminated against a class of older workers due to their age. 

Reported by

According to a news release from the EEOC, the American Samoa government initiated a campaign in the U.S. territory to remove older employees from the government workforce in order to open up positions for younger people who are seeking employment. The EEOC alleges specifically that the director of human resources executed plans in 2009 to remove older staff by involuntarily reassigning employees over the age of 50 into undesirable positions. The EEOC asserts the reassignments were designed to pressure older workers to retire or resign. 

The agency seeks relief on behalf of a class of workers over the age of 40 who may have been reassigned, subjected to different terms and conditions of employment, and/or constructively discharged due to their age. 

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Benefits August 31, 2011

Ford Sued by EEOC

August 31, 2011 (PLANSPONSOR.com) - Ford Motor Company, Inc. has been sued by the U.S. Equal Employment Opportunity Commission for  failing to provide a reasonable accommodation to a disabled employee at its Dearborn, Michigan, facility.
Reported by

According to an EEOC press release, instead of accommodating her, Ford retaliated against the employee by subjecting her to progressive discipline and ultimately firing her. The lawsuit (EEOC v. Ford Motor Company, Inc., Case No. 2:11CV13742), filed in U.S.  District Court for the Eastern District of Michigan, alleges Ford violated the Americans With Disabilities Act (ADA) when it refused to let Jane Harris participate in its liberal telecommuting program as a reasonable accommodation for her gastro-intestinal condition.    

Instead, Ford began to criticize her performance, placed her on a “performance enhancement plan,” and discharged her only months after she complained about being denied an accommodation, the EEOC said.  

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The agency seeks to recover monetary compensation for Harris, including back pay and compensatory damages for emotional distress, as well as punitive damages.

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