Professional Service Agreement

Marketing Company Resolves Allegations It Refused Reasonable Accommodation Request, Fired Employee Instead

February 28, 2018

InsideUp Inc. has agreed to pay $10,500 and provide other relief to settle a lawsuit alleging that the San Diego-California-based marketing company violated the Americans with Disabilities Act (ADA) when it refused the reasonable accommodation request of an employee with a disability and then fired him because of his disability.

A marketing consultant with chronic obstructive pulmonary disease (COPD), emphysema, and asthma requested a reasonable accommodation: to work on the ground floor of an office building without an elevator to avoid having to walk up and down the stairs with his condition. InsideUp not only refused the employee’s request but thereafter fired him due to his disability, the EEOC said.

In addition to paying $10,500 to the employee, the consent decree resolving the suit requires InsideUp to train all employees; revise its anti-discrimination and retaliation policies and procedures; centrally track requests for reasonable accommodations and complaints of discrimination and/or retaliation; regularly report to the EEOC; and post a notice about the consent decree and settlement.