New York Beer Project to Pay $225,000 in EEOC Disability Lawsuit

BUFFALO, NY – New York Beer Project, LLC, will pay $225,000 to two former bartenders to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the EEOC’s lawsuit, New York Beer Project refused to let two bartenders return to work after it was notified of their medical conditions. One bartender shared his cancer diagnosis and was left off the schedule for months before learning he had been fired. Another bartender notified the company that he had seizures but was cleared by his physician to return to work. New York Beer Project also left him off the schedule for weeks before terminating him. Neither bartender required or requested accommodations, and both were ready and able to work.

Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits employers from discriminating against employees based on their disability, including when the employer regards them as disabled. The EEOC filed suit in U.S. District Court for the Western District of New York (EEOC v. New York Beer Project, LLC, 1:24-cv-00377) after first attempting to reach a pre-litigation settlement through its conciliation process.

In addition to $225,000 in monetary relief to the bartenders, the consent decree resolving the litigation enjoins New York Beer Project from discriminating on the basis of disability in all phases of employment; requires New York Beer Project to create anti-discrimination policies and complaint procedures; directs New York Beer Project to train its employees in all aspects of the ADA; and requires the company to retain an ADA coordinator to review requests for reasonable accommodation and administer New York Beer Project’s policies.

“Employers cannot prevent qualified employees from working based on stereotypical beliefs about their medical conditions,” said Kimberly Cruz, regional attorney for the EEOC’s New York District Office.  “It is important for employers to educate and train managers and supervisors so that decisions based on improper assumptions can be avoided.”

Betsy Rader, acting director of the EEOC’s New York District Office, said, “The ADA protects employees with disabilities as well as those an employer regards as having a disability. The EEOC is committed to enforcing the ADA to protect the rights of all workers.”

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

The EEOC’s New York District Office is responsible for processing discrimination charges, administrative enforcement, and the conduct of agency litigation in Connecticut, Maine, Massachusetts, New Hampshire, New York, northern New Jersey, Rhode Island, and Vermont. This case was investigated by the Buffalo Local Office.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division; the EEOC is responsible for investigating charges against state and local government employers before referring them to DOJ for potential litigation. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.