U.S. Equal Employment Opportunity Commission v. KS Aviation Inc. dba Sierra Academy of Aeronautics, et al.
Published: Dec. 11, 2020 | Result Date: Nov. 6, 2020 | Filing Date: May 31, 2018 |Case number: 1:18-CV-18-00744-DAD-SKO Settlement – $10,000
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Eric Yau
(U.S. Equal Employment Opportunity Commission)
Anna Y. Park
(U.S. Equal Employment Opportunity Commission)
Defendant
Michael L. Abbott
(Law Office of Michael L. Abbott)
Facts
The Equal Employment Opportunity Commission (EEOC) filed a lawsuit against KS Aviation, Inc. dba the Sierra Academy of Aeronautics (Sierra Academy) after Sierra Academy fired a disabled employee. The suit sought both monetary damages and injunctive relief from Sierra Academy, and its successor, Xing Kong Aviation Service, LLC.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that Sierra Academy fired the female employee in retaliation for having taken a medical leave of absence due to her disabilities. Plaintiff contended that instead of engaging in a fact finding process to determine how to accommodate the employee's disability, they fired her in retaliation of her new disabled status. Defendants therefore violated the Americans with Disabilities Act and unlawfully discriminated against their employee based on her disability.
DEFENDANTS' CONTENTIONS: Defendants denied the contentions.
Result
The parties entered into a $10,000 settlement amount. Defendants also agreed under the terms of the injunction to review and revise their policies to achieve compliance with the ADA, provide regular ADA training to employees, and maintain data on any discrimination or retaliation complaint. It included more training for human resources professionals to prevent further ADA violations and retaliatory actions.
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