EEOC Disability Suit Against Cleaning Authority of Plainfield to Proceed

Court Rejects Bid to Dismiss Disability Harassment Claim

A federal judge has denied a motion to dismiss a claim of disability harassment against Mont Brook, Inc., doing business as The Cleaning Authority of Plainfield, the U.S. Equal Employment Opportunity Commission (EEOC) announced.


In its complaint, the EEOC charged that the house cleaning company violated federal civil rights laws by harassing an employee with a disability. The EEOC said the company's president referred to an employee who walks with an abnormal gait as a result of a stroke as "a cripple," mockingly imitated the way she walks, and told her that she was being a "hysterical basket case" when she objected to that treatment.


The company's motion to dismiss argued that such conduct was not sufficiently severe or pervasive to constitute unlawful harassment. The court rejected that argument and found that the EEOC's allegations were legally sufficient. The case is EEOC v. Mont Brook, Inc. d/b/a The Cleaning Authority of Plainfield, Civil Action No. 13-cv-6799, and is pending in U.S. District Court for the Northern District of Illinois, in Chicago. The EEOC lawsuit was originally filed September 23, 2013, and the court's decision was docketed on May 22, 2014.


"Harassment of any employee on account of his or her race, national origin, disability status, or any other condition irrelevant to the job is a terrible reflection upon those who engage in it - it just exposes their own ignorance and cruelty," said John Hendrickson, the EEOC regional attorney in Chicago.


"Further, it is illegal, and that's why it's an enforcement priority for this office and this agency. With this decision against The Cleaning Authority, the EEOC's challenge to the harassment of this employee is definitely on track and going forward."


Source: EEOC


This information is intended to be educational and should not be considered legal advice on any specific matter.

EEOC Sues Cleaning Authority of Plainfield For Disability Harassment

Agency Says House Cleaning Company's President Mocked Stroke Victim's Gait, Also Made Unlawful Disability-Related Inquiry



The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit today alleging that Mont Brook, Inc., doing business as The Cleaning Authority of Plainfield, violated federal civil rights laws by harassing an employee because of her disability and unlawfully inquiring about her disability. The defendant, based in Plainfield, Ill., provides residential house cleaning services in the southwest suburbs of Chicago, according to its website.

The EEOC's pre-suit administrative investigation, managed by District Director John Rowe, revealed that the company's president referred to an employee who walks with an abnormal gait as a result of a stroke as "a cripple," mockingly imitated the way she walks, and told her that she was being a "hysterical basket case" when she objected to that treatment. According to the investigation, the president also acknowledged asking the employee, "Are you crippled?"

The Americans with Disabilities Act of 1990 (ADA) prohibits subjecting an employee to harassment because of her disability. The ADA also prohibits making disability-related inquiries of any employee (disabled or not), unless the inquiry is job-related and justified by a business need.

The EEOC filed suit in U.S. District Court for the Northern District of Illinois in Chicago (EEOC v. Mont Brook, Inc. d/b/a The Cleaning Authority of Plainfield, Civil Action No. 13-cv-6799), after first attempting to reach a pre-litigation settlement through its conciliation process. The suit has been assigned to U.S. District Judge Norgle. The agency seeks damages for the employee who was harassed and an order barring similar violations of the ADA in the future, among other relief.

John Hendrickson, the EEOC regional attorney in Chicago, said, "More than two decades after the passage of the Americans with Disabilities Act, harassment of employees with disabilities should be a thing of the past. Slurs and mockery of disabilities are not acceptable in the workplace."

Source: EEOC

This information is intended to be educational and should not be considered legal advice on any specific matter.