Don’t call your employees ‘fruitcakes’ (unless you want the EEOC at your door)

Manager calls employee a ‘fruitcake’

The U.S. Equal Employment Opportunity Commission (EEOC) recently brought the suit. According to the suit, the employer failed to reasonably accommodate an employee’s disabilities after the employee disclosed disabilities to a manager and requested accommodation.

When the employee complained, the employer issued an unpaid suspension, followed by termination. Internal communications about the termination showed the company owner told HR to “cut [the employee] loose” for not disclosing the disabilities when hired. The HR manager referred to the employee as a “fruitcake.”

Such alleged conduct violates the ADA, which prohibits discrimination based on disability. The EEOC filed suit after first attempting to reach a settlement. Shortly after the EEOC filed suit, however, the parties successfully resolved the case.

Under the terms of the settlement, the employer will pay the employee $95,000 in back pay and compensatory damages. The employer must also:

• Not discriminate based on disability,
• Not retaliate against workers in the future,
• Revise its policies and practices to ensure it provides reasonable accommodations to individuals with disabilities,
• Provide annual training on the ADA to employees in all its locations, and
• Report any complaints of disability discrimination over the next two years to the EEOC.

Disabilities and the hiring process

Employees do not have to disclose their disabilities when they are hired. When an employee does disclose a disability and requests an accommodation, however, employers must engage in the “interactive process” with the employee. Employers may not take adverse actions against employees if employees do such things before or during employment.

EEOC v. Nature’s Herbs & Wellness Center d/b/a High Plainz Strains, U.S. District Court for the District of Colorado, No. 1:24-cv-02706-NYW.

Key to remember: Employers may not require job applicants to disclose their disability or need for accommodation before they are hired. They also may not retaliate against employees who later request accommodations.