A Virginia cybersecurity provider is in hot water with the U.S. Department of Labor (DOL) after an investigation found the employer fired a disabled employee who required an ergonomic chair.
The employee was terminated eight days after joining Resource Metrix as an executive administrative assistant in September 2019.
The DOL’s Office of Federal Contract Compliance Programs (OFCCP) filed a lawsuit against Resource Metrix, seeking:
- position reinstatement
- back and front pay
- interest
- retroactive seniority, and
- all other employment benefits the employee was entitled to.
The lawsuit also seeks to permanently enjoin Resource Metrix and its owner from failing and refusing to comply with federal requirements and cancel the company’s federal contracts if it doesn’t provide relief as ordered.
Requested accommodation on application, during interview
OFCCP began the investigation Feb. 20, 2020, after receiving a complaint. Investigators found that the administrative assistant had indicated on their job application and during an interview with the company’s owner and human resources director that they needed an ergonomic chair as a reasonable accommodation due to a disability that caused regular neck pain and difficulty sitting still.
The administrative assistant began working for Resource Metrix on Sept. 3, 2019, and worked for several days without an ergonomic chair. On Sept. 6, 2019, the administrative assistant told management that the chair had exacerbated their condition.
Fired while on medical leave
Resource Metrix granted the administrative assistant permission to leave work that day to see a doctor and take leave the following week to await the arrival of an ergonomic chair.
While out on leave, the company allegedly terminated the administrative assistant after considering them a “no-show.”
‘Don’t use disability as an excuse’
Investigators found the company’s actions violated the Rehabilitation Act of 1973, which prohibits federal contractors and subcontractors from discriminating in employment against individuals with disabilities and retaliating against employees who request reasonable accommodations.
“When the administrative assistant questioned the termination, Resource Metrix’s owner told them not to use disability as an excuse, which is discriminatory and unacceptable,” said OFCCP Regional Director Samuel Maiden said. “Companies will not be permitted to reap the benefits of contracting with the federal government while unlawfully discriminating in their employment process based on one’s disability.”
