MPW Industrial Services Inc., a provider of industrial cleaning, facility management and labor support services, pays $37,500 and furnish significant equitable relief to resolve a disability discrimination lawsuit.

According to the EEOC's suit, MPW Industrial Services terminated Todd Semko from his position as a laborer before his first day of work after it learned during a fitness-for-duty evaluation that he has an implanted Transcutaneous Electrical Nerve Stimulation (TENS) unit in his lower back for a back impairment. The EEOC said MPW Industrial Services fired Semko because a company occupational nurse feared that he would not be able to charge the TENS unit at the Dravosburg, PA, worksite to which he might be assigned even though Semko explained that he did not need to charge the unit at work or during working hours. Semko was not under any medical restrictions and the company never requested any additional medical documentation from Semko's doctor or explored providing a reasonable accommodation instead of terminating him.

Such alleged conduct violates the Americans with Disabilities Act, which prohibits employers from refusing to hire or firing a qualified individual because the individual is disabled or the employer incorrectly perceives the individual to have a disability. 

In addition to the monetary relief to Semko, the two-year consent decree resolving the lawsuit enjoins MPW Industrial Services from engaging in discrimination based on disability and from retaliation. The company will create and distribute to all employees policies prohibiting any future discrimination, harassment and retaliation. These policies shall include a complaint procedure to encourage employees to come forward with complaints of violations of the policies against discrimination, harassment and retaliation, as well as a supervisor accountability requirement. Moreover, MPW Industrial Services will provide training on the ADA to human resources staff, the occupational nurse, and all personnel whose job responsibilities include collecting or reviewing medical information, conducting fitness for duty examinations, acting on requests for a reasonable accommodation or conducting discrimination investigations. The company will also post a remedial notice.