Employee Told Not to Waste Time Applying for Promotional Opportunity Because of His Visual Impairment, Federal Agency Charged
Red Roof Inns, Inc. (Red Roof) will pay $43,188.00 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, Red Roof failed to provide an employee who is blind working in its Contact Center in Springfield, Ohio, with a reasonable accommodation so that he could participate in an information seminar to learn more about a promotional opportunity in its Online Connectivity department. The lawsuit further alleged that Red Roof denied the employee the opportunity to compete for, or hold, the vacant position because of his disability or need for reasonable accommodation, telling the employee it would be a waste of his time to apply for the position because his visual impairment could not be accommodated.

Such conduct violates the Americans with Disabilities Act (ADA), which requires employers to provide reasonable accommodations that enable disabled employees to enjoy equal benefits and privileges of employment and perform the essential functions of the job they hold or desire. The ADA also prohibits employers from failing to promote or hire disabled applicants or employees because of their disability or the need to provide a reasonable accommodation.

The EEOC filed suit (Civil Action No. 3:20-cv-381) in U.S. District Court for the Southern District of Ohio, Western Division at Dayton, after first attempting to reach a pre-litigation settlement through its voluntary conciliation process.

In addition to providing the now former employee $43,188 in monetary relief, the sixteen-month consent decree settling the suit permanently enjoins Red Roof from failing to provide reasonable accommodations that enable disabled employees to perform the essential functions of their jobs; failing to provide reasonable accommodations that enable disabled employees to enjoy equal benefits and privileges of employment; and failing to promote or hire disabled applicants or employees because of disability or the need to provide a reasonable accommodation.

Additionally, Red Roof must provide comprehensive ADA training to its vice president of Distribution Services, vice president of Human Resources, and managers, supervisors and human resources personnel who make employment decisions pertaining to the Online Connectivity department. Red Roof is also subject to notice posting, compliance monitoring and periodic reporting to the EEOC.

“It is essential that managers, supervisors and human resources personnel are properly trained regarding their obligations under the Americans with Disabilities Act, including their duty to engage in the interactive process with their disabled employees about reasonable accommodation needs,” said EEOC Indianapolis District Director Michelle Eisele.

EEOC’s Indianapolis Regional Attorney, Ken Bird, added, “Employers have the duty under the ADA to reasonably accommodate disabled individuals. Employers may not refuse to hire an applicant for a job because of the need to provide a reasonable accommodation.”

For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.

The case was litigated by the Louisville Area Office, which is part of the EEOC’s Indianapolis District, with jurisdiction over Indiana, Kentucky, Michigan and parts of Ohio.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.