CA Dept. of Corrections and Rehabilitation settles a EEOC charge

By SDCN Editor

Fresno, CA–The California Department of Corrections and Rehabilitation has settled a federal charge of disability filed with the U.S. Equal Employment Opportunity Commission (EEOC) for significant training and other injunctive relief, the federal agency said.

According to the EEOC, Wasco State Prison, a facility under the California Department of Corrections and Rehabilitation, denied a reasonable accommodation to an employee which obligated them to utilize accrued leave instead of remaining on the job.

The EEOC investigated the allegations and found reasonable cause to believe the California Department of Corrections and Rehabilitation violated the Americans with Disabilities Act of 1990.

“This resolution addresses workplace concerns the EEOC sees often, failure to provide accommodations under the ADA and forcing employees to take medical leave,” said Armando Hernandez, director of the EEOC’s Fresno local office. “We commend the California Department of Corrections and Rehabilitation for resolving this charge and for putting in place training measures that will have a significant impact on the employees at the Wasco State Prison.”

Without admitting liability, the California Department of Corrections and Rehabilitation has entered into a conciliation agreement with the EEOC. The agency has agreed to provide training to its management and supervisory positions within the Mental Health Department at the Wasco State Prison, return-to-work coordinators at the prison, and any other person responsible for handling or receiving reasonable accommodation requests. The training will include 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, the prison 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.