ABM Resolves EEOC Disability Charge

SACRAMENTO, Calif. – ABM Industry Groups has agreed to provide $52,000 and injunctive relief to a deaf worker following an investigation by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

According to the EEOC’s investigation, in June 2022 the worker received a job offer from ABM to work as a warehouse cleaner in a client facility. After the worker requested an accommodation for being deaf, ABM engaged in discussions with Norcal Services for Deaf and Hard of Hearing regarding potential accommodations. However, the worker claims to have waited for several months without a start date or further follow-up communication.

The EEOC contends that such alleged conduct violated the Americans with Disabilities Act (ADA), which requires employers to provide reasonable accommodations to employees with disabilities if doing so would not pose an undue hardship. The EEOC defines reasonable accommodation as “changes to the ways things are usually done” that enable an individual with a disability to enjoy equal employment opportunities.

Following the investigation, the parties engaged in the pre-litigation conciliation process which resulted in a settlement that required ABM to pay monetary damages, review its non-discrimination policies, and conduct manager and employee training at the relevant locations.

“Based on previous similar work experience, I felt ready and able to do the job,” said the worker. “I’m so glad the EEOC defended my right to ask for a reasonable accommodation and I hope other workers with disabilities will be encouraged to speak up.”

Rosa Salazar, acting director of the EEOC’s Oakland Local Office, said, “We recognize ABM Industry Groups for taking these steps to ensure that all their staff understand their rights and responsibilities under the ADA. This is a good reminder for all employers to engage in the interactive process whenever an applicant or employee request a reasonable accommodation. Keep the conversation going and approach accommodation alternatives – including reassignment - with an open mind. Putting qualified workers to work is a win for all involved.”

For information about accommodating workers who are deaf or hard of hearing in the workplace, visit: https://www.eeoc.gov/laws/guidance/hearing-disabilities-workplace-and-americans-disabilities-act.

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.