U.S. Equal Employment Opportunity Commission v. Riviera Consulting and Management LLC, Ali Baba Corp., Oasis Care Inc., Sabankaya Select LLC,
Published: May 10, 2014 | Result Date: Apr. 13, 2014 | Filing Date: Jan. 1, 1900 |Case number: 5:13-cv-03079-LHK Settlement – $100,000
Court
USDC Northern
Attorneys
Plaintiff
Marcia L. Mitchell
(U.S. Equal Employment Opportunity Commission)
Defendant
Frank R. Ubhaus
(Berliner Cohen)
Facts
The U.S. Equal Employment Opportunity Commission filed a complaint against Riviera Consulting and Management LLC, Ali Baba Corp., Oasis Care Inc., Sabankaya Select LLC, and Sabankaya et al., in connection with defendant's treatment of a disabled employee, Farhang Dahmubed.
Contentions
PLAINTIFF'S CONTENTIONS:
The EEOC contended that defendants discriminated against Dahmubed on the basis of his vision disability. The EEOC claimed that defendants failed to provide Dahmubed with reasonable accommodation and terminated his employment because of his disability. Dahmubed also contended that defendants failed to engage him in the interactive process.
DEFENDANTS' CONTENTIONS:
Defendants denied any liability.
Result
The parties entered into a consent decree, which provided for injunctive and monetary relief. Defendants agreed to pay $100,00 to settle the dispute, a portion of which would go to Dahmubed. Dahmubed would receive $57,000 in compensatory damages with the remainder going towards attorney fees. In addition, defendants were enjoined from engaging in any employment practice in violation of the Americans with Disabilities Act. Defendants also agreed to contract with an independent equal employment opportunity consultant to revise its' policies and procedures on disability discrimination and the evaluation of reasonable accommodation requests; provide anti-discrimination training to all employees; and provide periodic reports to the EEOC through the duration of the three-year decree.
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