Meat company settles suit over harassment of AS employee

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http://hr.cch.com/news/employment/070308a.asp

LABOR & EMPLOYMENT LAW — 7/03/08

Meat company settles suit over harassment of employee with Asperger's

Syndrome

A New York-based meat fabricator and distributor will pay $70,000 to

settle a disability discrimination and retaliation suit brought by

the US Equal Employment Opportunity Commission (EEOC), the agency

announced June 18, 2008. The EEOC claimed that London Manhattan Corp

unlawfully subjected an employee to a hostile work environment

because of his Asperger's Syndrome and then fired him for complaining.

The harassment included tying the employee with masking tape, putting

gel in his hair, littering his work area with pornographic pictures

and wrapping his legs with plastic with a meat-wrapping machine,

according to the EEOC's lawsuit SDNY, No 07-8249 (LTS) (KNF)). The

federal agency also alleged that London Manhattan unlawfully

retaliated against the employee by discharging him shortly after he

complained about the humiliating treatment.

The lawsuit was resolved by a consent decree signed by Judge

Swain on June 16, 2008 in New York. In addition to paying the

victim $70,000, London Manhattan must also take substantial steps to

prevent future workplace harassment. The company is required to: post

and maintain EEOC remedial notices and posters; provide training to

all employees regarding federal laws prohibiting discrimination; and

adopt and maintain an antidiscrimination policy and complaint

procedure. London Manhattan is also enjoined from discriminating

against any individual on the basis of his or her disability and from

retaliating against anyone who participated in the EEOC's

investigation or litigation of this case.

" Employees with a disability have a legal right to work in an

environment that is free from harassment and abuse, " said EEOC New

York District Director Spencer H. , Jr. " We are very pleased

London Manhattan agreed to settle this case without protracted

litigation and that it is taking steps to prevent future workplace

discrimination, " added Adela Santos, the EEOC trial attorney assigned

to the case.