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Contact:
Nicole St. Germain, Outreach Coordinator
(213) 894-1045/ (213) 810-0980
Anna Y. Park, Regional Attorney
(213) 894-1083
Melissa Barrios, Fresno Local Director
(559) 487-5940
FOR IMMEDIATE RELEASE
September 28, 2018
EEOC SUES RANCHO SAN MIGUEL MARKET FOR DISIBILITY
DISCRIMINATION
Local Supermarket Fires Employee Requesting Medical Leave, Federal
Agency Charges
FRESNO – Local grocery outlet, PAQ,
Inc., dba Rancho San Miguel Market, violated federal law when it fired a deli
clerk after she requested an accommodation for a disability, the U.S. Equal
Employment Opportunity Commission (EEOC) announced in a lawsuit filed today.
According to the EEOC’s lawsuit, on
October 2016 a deli clerk provided Rancho San Miquel Market with a doctor’s
note requesting six weeks of medical leave for corrective surgery and time for
recovery, based on a disability. Her request was denied, and she was fired.
Such alleged conduct violates the
Americans with Disabilities Act of 1990 (ADA) and the ADA Amendment Act of 2008
(ADAAA). The EEOC filed suit in U.S. District Court for the Eastern District of
California (EEOC v. PAQ, INC. dba Rancho San Miquel Market Case No.
1:18-cv-01335-AWI-EPG ) after first attempting to reach a pre-litigation
settlement through its conciliation process. The EEOC’s suit seeks back pay along with compensatory
and punitive damages for the claimant, as well as injunctive relief intended to
prevent and address discrimination.
“We continue to see employers
struggling with complying with the ADA and failing to engage in the interactive
process as required under federal law,” said Anna Park, regional attorney for
the EEOC’s Los Angeles District, which includes Fresno, Calif. in its jurisdiction.
Melissa Barrios, director for the
EEOC’s Fresno Local Office, said, “The act of firing an employee who requests
an accommodation not only negatively affects that employee, but can create a
chilling effect across the workforce. Other employees may not request an
accommodation, as is their right by law, for fear of losing their jobs.”
According
to their website, www.ranchosanmiguelmarkets.com,
PAQ, Inc. has
provided local communities with the fresh quality foods. PAQ,
Inc. is locally owned and operated with stores throughout
Central California.
The EEOC advances opportunity in
the workplace by enforcing federal laws prohibiting employment discrimination.
More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by
subscribing to our email
updates.
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