HOUSTON – VibraLife of Katy, LLC, a rehabilitation and assisted living facility in Katy, Texas, will pay $80,000 and furnish other relief to settle a U.S. Equal Employment Opportunity Commission (EEOC) disability discrimination and retaliation lawsuit, the federal agency announced today.According to the lawsuit, VibraLife hired an employee with a sleep disorder for a night shift position. The job posting required the selected candidate to work 36 hours per week in three 12-hour shifts. Upon beginning her employment, the employee was notified that she would be required to work a fourth 12-hour shift every other week. The employee promptly requested an accommodation that her schedule be limited to the express terms of the job posting and offer to accommodate her disability. Shortly after receiving the employee’s request for a reasonable accommodation, the employee was demoted and then terminated.Such alleged conduct violated the Americans with Disabilities Act (ADA), which prohibits disability discrimination and retaliation against an employee with a disability. The EEOC filed suit (EEOC v. VibraLife of Katy, LLC, Civil Action No. 4:24-CV-02861) in U.S. District Court for the Southern District of Texas, Houston Division, after first attempting to reach a pre-litigation settlement via its conciliation process.The court entered a consent decree on Oct. 29 to settle the suit. In addition to paying $80,000 in monetary relief, the three-year decree provides that VibraLife will revise its policies and practices to ensure it provides reasonable accommodations to individuals with disabilities, provide annual training on the ADA to employees and post a notice to employees regarding the lawsuit should it resume its U.S. operations.“Federal law expressly prohibits employers from refusing to provide a reasonable accommodation to employees with disabilities, unless they can show undue hardship,” explained Rudy Sustaita, the EEOC’s regional attorney in Houston. “An employer must always seriously consider whether it can make an accommodation before downgrading or firing employees.”N. Joseph Unruh, a trial attorney for the case, said, “This settlement is an important reminder to employers of their obligation to comply with the ADA and ensure that employees who need a reasonable accommodation will receive the protections and opportunities available to them under federal law.”For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.The EEOC’s Houston District Office has jurisdiction over southeast Texas and Louisiana.The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
Brief
"On 29/10/2024, VibraLife of Katy, LLC, a rehabilitation and assisted living facility in Texas, agreed to settle a U.S. Equal Employment Opportunity Commission disability discrimination and retaliation lawsuit. VibraLife will pay $80,000 and furnish other relief to settle the lawsuit, which alleged that the employer discriminated against an employee with a sleep disorder by requiring her to work additional shifts without accommodation. The EEOC found that VibraLife violated the Americans with Disabilities Act (ADA).
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Purpose:
The purpose of this update is to inform stakeholders about a settlement reached between VibraLife of Katy, LLC, and the U.S. Equal Employment Opportunity Commission (EEOC) regarding disability discrimination and retaliation allegations.
Effects on Industry:
This settlement highlights the importance of employers providing reasonable accommodations to employees with disabilities, as mandated by the Americans with Disabilities Act (ADA). It also serves as a reminder that failure to comply with ADA regulations can result in significant financial penalties and reputational damage. The EEOC’s actions demonstrate its commitment to enforcing disability rights and holding employers accountable for their treatment of employees with disabilities.
Relevant Stakeholders:
This settlement affects VibraLife of Katy, LLC, the U.S. Equal Employment Opportunity Commission (EEOC), and individuals with disabilities who may be affected by similar practices in the future. Employers in the rehabilitation and assisted living industry must also take note of this decision, as it emphasizes the need for compliance with ADA regulations.
Next Steps:
Employers must review their policies and practices to ensure they provide reasonable accommodations to employees with disabilities, as required by the ADA. They should also consider providing annual training on disability rights and posting a notice regarding the lawsuit in case of future operations.
Any Other Relevant Information:
This settlement is part of a larger effort by the EEOC to prevent and remedy unlawful employment discrimination, including disability discrimination. The EEOC’s Houston District Office has jurisdiction over southeast Texas and Louisiana, and it will continue to monitor employers’ compliance with ADA regulations.
