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Employment Law
Disability Discrimination
Retaliation

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

Dale A. Drozd

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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