Reliable Maintenance Solutions to Pay $25,000 and Undertake Remedial Measures in EEOC Disability Discrimination Lawsuit

ATLANTA – Reliable Maintenance Solutions, Inc., which provides quarry services for mine sites in Georgia, will pay $25,000 and undertake remedial measures to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

The EEOC charged that, in March 2021, Reliable refused to hire an experienced applicant for a heavy equipment operation position because of his disability. The applicant is a right-arm amputee with years of work experience operating dump trucks, and he was working as a dump truck operator at the time of his application to Reliable. According to the lawsuit, the company interviewed the applicant for the position and assured him that his status as an amputee would not be an impediment to his hiring. Although the applicant then successfully completed safety training, the lawsuit alleges Reliable claimed at least one of its clients was uncomfortable with an amputee being employed as a heavy equipment operator, and so the applicant was not hired.

This alleged conduct violated the Americans with Disabilities Act (ADA), which prohibits disability discrimination. The EEOC filed suit (EEOC v. Reliable Maintenance Solutions, Inc., Case No. 2:24-cv-00093-RWS-JCF) in U.S. District Court for the Northern District of Georgia after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

The court-approved two-year consent decree settling the suit requires the company to provide monetary relief to the victim; inform job applicants of their rights under the ADA; post a notice in the workplace informing employees of the settlement; and train all employees about their rights and responsibilities under the ADA.

The company’s revised ADA policies include a measure requiring the company to place language in all job applications and health questionnaires stating that otherwise qualified applicants for employment will not be disfavored because of a disability, and that the company will respect any rights to accommodation under the ADA. Moreover, the company agreed to provide the EEOC with periodic reports regarding any future complaints of disability discrimination, including a description of each employee’s allegations and the company’s response.

“The ADA was enacted to ensure that disabled applicants for employment are evaluated solely based on their demonstrated ability, rather than unfounded assumptions,” said Marcus G. Keegan, regional attorney for the EEOC’s Atlanta District Office. “The EEOC is pleased that Reliable will take substantial measures to ensure its commitment to that goal.”

Darrell E. Graham, district director of the EEOC’s Atlanta office, said, “Employers encountering applicants with disabilities have a duty to evaluate their abilities and reasonably accommodate them rather than turn them away, assuming there is no undue hardship to the employer. The EEOC is committed to ensuring the fair treatment of workers with disabilities.”

For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.

The EEOC’s Atlanta District Office has jurisdiction over Georgia and the counties of Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Hampton, Jasper and Williamsburg in South Carolina.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division; the EEOC is responsible for investigating charges against state and local government employers before referring them to DOJ for potential litigation. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.