DFEH Settles Employment Disability Discrimination Case against Inter-Con Security Systems, Inc.
January 23, 2019
For Immediate Release
Security guard receives $87,000 and reinstatement after employer fails to engage in interactive process
Sacramento – The California Department of Fair Employment and Housing (DFEH) has reached settlement in an employment disability discrimination case with Inter-Con Security Systems, Inc. (InterCon) involving an employee who alleged that he was denied a good-faith interactive process and reasonable accommodation for his disability.
The employee, a security guard, filed a complaint with DFEH in February 2017, alleging that Inter-Con transferred him to a post that required more standing than his disability-related restriction permitted, and did not grant his request to return to a previous post where he could perform the duties successfully without accommodation. The complaint alleged that Inter-Con then placed him on unpaid leave, stating that Inter-Con is a “zero restriction” company.
DFEH found cause to believe a violation of the Fair Employment and Housing Act had occurred and filed a civil complaint in March 2018 in Sacramento County Superior Court. The parties reached a settlement agreement in which Inter-Con agreed to pay $87,000 to the complainant and $5,000 to DFEH for attorneys’ fees and costs. Inter-Con has also reinstated the complainant to his position as a security guard.
“The law requires employers to engage in a meaningful, good-faith interactive process to see if a reasonable accommodation will allow an employee with a disability to continue working,” said DFEH Director Kevin Kish. “DFEH is committed to seeking the reinstatement of employees in appropriate cases.”
In addition to paying a total of $92,000 to settle the lawsuit, Inter-Con has agreed to monitor all requests for reasonable accommodation for the next three years and report compliance to DFEH, disseminate information about anti-discrimination laws to its employees, and develop and implement a written anti-discrimination policy as well as a written interactive process policy.
Staff Counsel Grace Shim and Assistant Chief Counsel Nelson Chan represented DFEH in this matter.
CRD is the state agency charged with enforcing California’s civil rights laws. Formerly known as the California Department of Fair Employment and Housing (DFEH), the mission of CRD is to protect the people of California from unlawful discrimination in employment, housing, public accommodations, and state-fund programs and activities, and from hate violence and human trafficking. For more information, visit calcivilrights.ca.gov.