October 16, 2018

October 16, 2018

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October 15, 2018

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Associated Fresh Market to Pay $832,500 to Resolve EEOC Disability Discrimination Allegations

Company  Disadvantaged Class of People With Disabilities in Various Ways, Federal  Agency Found

SALT LAKE CITY - A Salt Lake City-based grocery store chain will pay $832,500  to resolve a group of disability discrimination charges filed with the U.S.  Equal Employment Opportunity Commission (EEOC), the federal agency announced today. 

The EEOC's investigation revealed that a qualified individual with a disability and a group of other aggrieved individuals with medical conditions were denied reasonable accommodations to perform their jobs. These accommodations include additional leave, working with restrictions and reassignment. The investigation revealed a practice of disciplining and/or firing employees because of their need for reasonable accommodation under the Americans with Disabilities Act (ADA).

AFM's policies and procedures revealed a practice of denying reasonable accommodations under the ADA;  requiring employees to have no restrictions or be 100% ready to return to work;  denying leave as a reasonable accommodation; and refusing to provide reassignment to a vacant position as required by the ADA. AFM's practices resulted in the termination or resignation of a group of qualified individuals with disabilities, the EEOC found. 

On July 12,  2018 Associated Fresh Market, Inc. (AFM), owned wholly by Associated Retail  Operations, Inc. (formerly known as Associated Retail Stores) agreed to pay a  total of $75,000 to an employee to resolve his disability discrimination charge. In addition, AFM agreed to pay $757,500 to other aggrieved individuals identified by the EEOC during the investigation who were also adversely impacted by AFM's policies and practices due to their medical conditions.

While denying it violated the ADA,  AFM has acknowledged a need to improve in working with applicants and employees with disabilities. In addition to monetary payments to the discrimination victims, AFM agreed to make changes to its ADA policies and procedures and to conduct training for its human resources team as well as for all store directors, assistant store directors and employees.

"I  am very pleased with the resolution of this matter without having to go through the litigation process," said EEOC Phoenix District Director Elizabeth Cadle. "AFM  has worked closely with the EEOC to resolve these allegations and do what is  best for these individuals, their company, applicants and employees."

The original article can be found on the EEOC's website here.

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U.S. Equal Employment Opportunity Commission

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

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