BayMark Health Services to Pay $55,000 in EEOC Disability Discrimination Charge

VALLEJO, Calif. – MedMark Treatment Centers, a subsidiary of BayMark Health Services which provides treatment for opioid addiction and substance use disorders, agreed to provide $55,000 to a former employee following an investigation by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the EEOC, a counselor at MedMark’s treatment center in Vallejo, California, requested disability accommodations to return to work after an extended medical leave. The EEOC’s investigation found the company denied his accommodation request and terminated him due to his disability.

Such alleged conduct violated the Americans with Disabilities Act (ADA), which requires employers to provide reasonable accommodations to employees with disabilities who can perform the essential functions of their job, barring an undue hardship.

Following the investigation, the parties engaged in the pre-litigation conciliation process which resulted in a settlement requiring BayMark to provide backpay and compensatory damages, revise its non-discrimination policies and procedures, conduct training for all managers and HR personnel in the in Vallejo location, and to post a notice concerning EEO rights.

“I’m glad I brought my case to the EEOC,” said the worker. “Recovering from a major health crisis is challenging by itself, but staying employed is an important part of recovery too. I hope this will encourage other workers facing my situation to learn and assert their rights under the ADA.”

Margaret Ly, acting director of the EEOC’s Oakland Local Office, said, “We commend BayMark for their commitment to ensuring compliance with the ADA’s requirements. This is a good reminder for all employers to avoid assumptions about what a worker with a disability can or cannot do, and to engage in the interactive process in response to a request for reasonable accommodation. Keeping qualified workers on the job is a win for all involved.”

For more information on disability discrimination generally, please visit https://www.eeoc.gov/disability-discrimination.

The EEOC’s San Francisco District has jurisdiction over Northern Nevada, Northern California, Washington, Alaska, Oregon, Idaho and Montana.

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.