PUBLIC SERVICE COMPANY OF NEW MEXICO DISCRIMINATED AGAINST THE DISABLED
The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that it had reached a settlement of federal discrimination claims brought against Public Service Company of New Mexico, and PNMR Services Co., for $750,000.
The companies – which are the largest electrical providers in New Mexico -- allegedly engaged in disability discrimination because they refused to accommodate disabled employees who were returning to work after a paid medical leave. The companies wanted those individuals to provide evidence of no restrictions (or the absence of any medical restrictions). Failing that, the employees would be placed on involuntary unpaid leave and later fired.
Since such conduct violated Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), as amended by the ADA Amendments Act of 2008, the EEOC filed the lawsuit (EEOC v. Public Service Company of New Mexico and PNMR Services Co., Civil Action No. 1:23-cv-00848-KG-LF) in U.S. District Court of New Mexico, seeking monetary damages and injunctive relief.
In addition to the monetary payment (which consists of back pay and compensatory damages), the companies will be required to modify their employment related policies and practices and provide annual training as to the requirements of federal law.
In a written statement, Regional Attorney Mary Jo O’Neill, of the EEOC’s Phoenix District Office, noted, “We appreciate PNM’s work toward reaching an agreement that will improve its training, policies and procedures …. We remind employers that they have responsibility to provide accommodations for their qualified employees with disabilities and to prevent discriminatory practices by untrained managers from becoming the company’s way of doing business.”
Guess those electric companies lacked the power? (We’ll take our leave, now.)
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