California Department of Corrections and Rehabilitation Settles EEOC Charge

FRESNO, Calif. – The California Department of Corrections and Rehabilitation (CDCR) has settled a federal charge of disability discrimination and retaliation filed with the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the EEOC, the Board of Parole Hearings (BPH), located in the Hugh Burns State Building, a department under the California Department of Corrections and Rehabilitation, denied a reasonable accom­modation to an employee for continued telework without engaging in the interactive process. The employee was also unlawfully retaliated against for requesting the accommodation, the EEOC said.

The EEOC investigated the allegations and found reasonable cause to believe the California Department of Corrections and Rehabilitation violated the Americans with Disabilities Act (ADA).

Without admitting liability, the CDCR has entered into a conciliation agreement with the EEOC. According to its terms, the agency has agreed to provide $14,889 to the individual and provide a different supervisor. Additionally, the agency agreed that, for the course of the agreement, all BPH employees will receive yearly equal employment opportunity (EEO) training, which will be focused on their rights and responsibilities including discrimination on the basis of disability and unlawful retaliation as covered by the Americans with Disabilities Act.

The agreement includes that all management and supervisory employees will also receive EEO training, which includes how to recognize discrimination, with a specific focus on disability-based harassment and retaliation, training on reasonable accommodations, the interactive process, and undue hardship; training on how to properly identify, handle and forward complaints of discrimination in a neutral manner; and how to recognize retaliation under anti-discrimination laws and how to prevent retaliation from occurring.

Additionally, BPH will post a notice to all employees about the resolution of this charge and their rights under federal anti-discrimination law. The EEOC will monitor compliance with this agreement.

“We commend the California Department of Corrections and Rehabilitation for addressing the concerns in this charge and putting in place training measures that will provide education to all Board of Parole Hearing employees so that they are aware of their rights and responsibilities under the law,” said Armando Hernandez, director of the EEOC’s Fresno local office. “The EEOC continues to see employers denying reasonable accommodations without going through the interactive process. We hope this serves as a reminder to all employers of their obligations to thoroughly review a request for an accommodation before ruling on it.”

To find out more information about the Americans with Disabilities Act and reasonable accommodations, visit https://www.eeoc.gov/eeoc-disability-related-resources. For more information on retaliation, please visit https://www.eeoc.gov/retaliation.

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.