A federal agency is suing Pekin-based Alto Ingredients after the company fired an electrician, allegedly because of his disability.
The U.S. Equal Opportunity Employment Commission, or EEOC, says the man suffers from sciatica after his time serving in the U.S. Navy. His job application identified him both as "disabled" and a "special disabled veteran."
The man passed a pre-employment physical, and passed an assessment that required him to climb ladders, climb stairs and walk a quarter mile. He was hired in October 2020.
The EEOC says the man's job performance was praised, but he was fired in January 2021 for safety concerns stemming from his disability.
“Under federal civil rights law, an employer may not simply fire an employee based on an unverified, subjective concern that his disability raises a safety issue,” said Greg Gochanour, regional attorney for the EEOC’s Chicago District Office in a statement. “The Alto employee in this case was a capable and experienced electrician, who should have been judged based on his performance, not based on assumptions related to his disability.”
The EEOC said the man was fired without citing any objective or medical evidence his disability would pose a safety risk, and despite the fact he had passed his pre-employment physical. To comply with the Americans With Disabilities Act, the employer must also weigh whether a "reasonable accommodation" would reduce the risk.
The agency said they were unable to come to an agreement with Alto before filing suit in federal court in Peoria on Monday. The EEOC wants Alto to provide backpay for its former employee, as well as compensatory and punitive damages. The agency also wants the court to order the company to update its practices to prevent future incidents.
Alto Ingredients didn't immediately reply to a request for comment.
