The U.S. Equal Employment Opportunity Commission has filed a federal lawsuit against Criswell Chevrolet, alleging the Maryland dealership violated disability laws by refusing to allow an Iraq War veteran to bring his service dog to work as an accommodation for post-traumatic stress disorder.
The lawsuit, filed in U.S. District Court for the District of Maryland, claims Criswell Chevrolet summarily denied the parts department worker’s request to have his service dog at the workplace to help control panic attacks caused by combat-related PTSD.
According to the EEOC’s complaint, the dealership not only refused the service dog accommodation but also failed to offer or propose any alternative accommodations. The employer’s demand that the employee continue working while suffering panic attacks without any accommodation forced him to quit, the agency alleged.
Dealership failed to engage in required process
The lawsuit alleges Criswell Chevrolet violated the Americans with Disabilities Act by denying a reasonable accommodation without showing undue hardship and failing to engage in the interactive process required by federal law.
“Under the ADA, employers are required to reasonably accommodate workers with disabilities, unless they can show that the requested accommodation would pose an undue hardship,” said Debra Lawrence, regional attorney for the EEOC’s Philadelphia District Office. “Here, when an employer summarily refuses a reasonable accommodation and offers no follow-up interactive process, it has ignored its obligations under the ADA and has forced the worker to choose between suffering at work or leaving his job.”
EEOC seeks damages and policy changes
The federal agency is seeking back pay, compensatory damages and punitive damages for the former employee. The lawsuit also requests injunctive relief to remedy and prevent future disability discrimination at the dealership.
Criswell Chevrolet is described as one of Maryland’s largest independent car dealership groups, making the case significant for other automotive employers in the region.
PTSD accommodations in the workplace
The case highlights the challenges faced by veterans and other workers with PTSD in obtaining workplace accommodations. Service dogs are increasingly recognized as effective tools for managing PTSD symptoms, including panic attacks and anxiety.
“Employees suffering from PTSD are entitled to accommodations that would minimize their suffering or distress,” said Jamie Williamson, director of the EEOC’s Philadelphia District Office. “The EEOC is committed to enforcing the ADA to protect the rights of all workers.”
Interactive process requirements
The lawsuit underscores the importance of the interactive process under the ADA, which requires employers to engage in good-faith discussions with employees about potential accommodations. Even if an employer cannot provide the specific accommodation requested, it must explore alternatives unless doing so would create undue hardship.
Employers who summarily reject accommodation requests without discussion risk significant legal liability, as demonstrated by this case where the EEOC is seeking both compensatory and punitive damages.
The case was initiated by the EEOC’s Baltimore Field Office and will be prosecuted by attorneys from the Philadelphia District Office, which handles discrimination cases across Maryland, Pennsylvania, West Virginia, Delaware, portions of New Jersey and Ohio, Washington D.C., and parts of Virginia.