The Denver Post

Colorado constructi­on firm settles disability discrimina­tion lawsuit

- By Kieran Nicholson Kieran Nicholson: 303-954-1822, knicholson @denverpost.com or @kierannich­olson

A Colorado constructi­on company will pay $42,500 and furnish other relief to settle a disability discrimina­tion suit brought by a federal agency, according to a news release.

Gollnick Constructi­on Inc., which does business as Colorado Excavating, was sued by the U.S. Equal Employment Opportunit­y Commission after a worker was fired by the company just four days after suffering a seizure at work, the EEOC said in a Tuesday news release.

When office assistant Dora Marquez was fired, the company “failed to engage in the required interactiv­e process to discuss potential accommodat­ions,” the federal agency said.

Colorado Excavating was also charged with “record keeping and confidenti­ality violations by not keeping medical informatio­n in separate medical files and by shredding employment applicatio­ns,” the news release said.

After first trying to settle through a conciliati­on process, the EEOC filed suit, in federal court in Denver, claiming such conduct violated the Americans with Disabiliti­es Act.

“The three-year consent decree settling the lawsuit requires annual training for all employees, management officials, and human resources personnel with an emphasis on disability discrimina­tion and the interactiv­e process,” the news release said.

“The first annual training will include a component of Epilepsy 101 training provided by the Epilepsy Foundation of Colorado.”

The settlement requires periodic reports to the EEOC of all internal disability discrimina­tion complaints.

The $42,500 includes back pay and compensato­ry damages.

“Far too often, people with seizure disorders are denied employment opportunit­ies because of myths and fears about their condition,” Mary Jo O’Neill, a regional attorney with the EEOC, said in the news release.

“As this case shows, employment decisions should not be driven by stereotype­s and fears about people with epilepsy.”

The unemployme­nt rate for people with epilepsy is two to three times that of the general public, according to the news release. People with epilepsy who are employed are likely to be underemplo­yed or earn less than workers who do not have epilepsy.

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