Federal Agency Alleges Millwright Unlawfully Fired Over Medical Conditions

DENVER – Casper, Wyo.-based  T.I.C.-The Industrial Company Wyoming, Inc., a heavy construction company, has  agreed to pay $135,000 and furnish other relief to settle a disability  discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission  (EEOC), the federal agency announced today.

According to the EEOC’s lawsuit, EEOC v. T.I.C.-The Industrial Company  Wyoming, Inc., 11-cv-324-F, filed in federal court in Cheyenne on Sept. 30,  2011, millwright Matthew Gilkey, despite satisfactorily performing his job for  several weeks, was fired by TIC Wyoming on Oct. 27,  2006, because of the need to make reasonable accommodation for his physical  impairments, which included a leg amputation.  The EEOC also claimed that TIC Wyoming refused to allow Gilkey to return  to work unless he provided medical documentation that he could perform his job  duties without medical restrictions. The  EEOC further alleged that the company also failed or refused to engage Gilkey  in good-faith discussions about accommodations he had requested and TIC  Wyoming had previously provided but then withdrew.

In addition to the monetary settlement, TIC Wyoming has  agreed, among other things, to provide its employees, supervisors, and managers  with annual training for two years on the Americans with Disabilities Act, and  to make periodic reports to the EEOC.

“We commend TIC Wyoming for addressing this case head-on,  for being willing to work with our Denver Field Office to resolve it, and for  its commitment to better educate its management team and work force,” said EEOC  Regional Attorney Mary Jo O’Neill of the Phoenix District, which includes  Wyoming. “We believe this resolution  will help foster a discrimination-free workplace going forward.”

EEOC Denver Field Office  Director Nancy Sienko said, “The EEOC stands ready to assist all victims  of job discrimination. The volume and increase in ADA charges demonstrate the  EEOC's need to stay vigilant in the fight for rights of the disabled.”

TIC Wyoming provides direct-hire  construction services to traditional industrial markets.

The EEOC enforces federal laws  prohibiting employment discrimination.  The Phoenix District Office covers Wyoming, Colorado, Utah, Arizona and  part of New Mexico. Further information  is available on the EEOC’s website at www.eeoc.gov.