EEOC SUES SILGAN CONTAINERS FOR DISABILITY DISCRIMINATION

Company Denied Job Accommodation to Disabled Employee And Required Improper Medical Examinations of All New Hires, Federal Agency Says

MILWAUKEE – The largest  metal food can supplier in North America, Silgan Containers Manufacturing  Corporation, violated federal law by discriminating against a disabled employee  at its plant in Oconomowoc,  Wis., the U.S. Equal Employment  Opportunity Commission (EEOC) charged in a lawsuit it filed today.

The  agency’s administrative investigation which preceded the lawsuit revealed that since  early 2007, Silgan has discriminated against Richard L. Roth, who is missing  three fingers on his left hand, by denying him a promotion and refusing to  provide him with a reasonable accommodation for certain heavy lifting. EEOC Chicago District Director John Rowe, who  supervised the investigation, said the investigation also indicated that Silgan  has been violating the Americans With Disabilities Act (ADA) by requiring all  of its applicants to undergo medical examinations before it makes conditional  job offers.

Disability discrimination violates the ADA.  The EEOC filed suit after first trying to reach a voluntary agreement to  settle out of court. The agency seeks  compensatory and punitive damages for Roth in addition to an order barring  future discrimination and other relief.  The suit, captioned EEOC v. Silgan  Containers Manufacturing Corporation, Civil Action No. 09-C-0853, was filed  in federal district court in Milwaukee  and assigned to U.S. District Judge Joseph Stadtmueller.

“Today, millions of disabled people are still being  denied their chance to fully contribute to our society,” Rowe said. “Some employers are unwilling to recognize  that simple accommodations can open the door to employment opportunity for  everyone.”

EEOC Chicago Regional Attorney John Hendrickson noted, “The  EEOC is very concerned when it appears that any employer has required job  applicants to submit to physical examinations prior to making a condi­tional  job offer. One of the fundamental  principles of the ADA  is that employers may not solicit medical information or require physical  examinations unless it is relevant to job performance, which it cannot be until  the employer has at least made a preliminary hire decision. That’s the issue at  the heart of this case.”

According to its web site, Silgan Containers  Manufacturing Corporation is owned by Silgan Containers Corporation, which is a  wholly owned subsidiary of Silgan Holdings of Stamford, Conn. Silgan Containers is the largest manufacturer  of metal food containers in North America, with net sales of $1.79 billion in  2008 and manufacturing facilities in California,  Minnesota, Missouri,  New York, Oregon,  Pennsylvania and Wisconsin.  It also operates the Silgan Technology Center  in Oconomowoc, Wis.,  and the Silgan Equipment Company in Waukegan, Ill., as well as its headquarters in Woodland Hills, Calif.

The  EEOC enforces federal laws prohibiting discrimination in employment. Further information about the Commission is  available on its web site at www.eeoc.gov.