A California pet grooming company will pay $35,000 and implement extensive compliance measures to settle federal charges that it illegally fired or refused to hire workers who tested positive for legally prescribed medications during drug screenings.
Elaine’s Pet Resorts, which operates pet resorts in Fresno and Madera, agreed to the settlement to resolve a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission, the federal agency announced today.
The EEOC alleged that since at least 2021, the company failed to hire or terminated employees who failed post-offer drug screenings, even though the medications were lawfully prescribed by doctors.
The conduct violated the Americans with Disabilities Act, which prohibits discrimination based on disability and requires employers to provide reasonable accommodations, according to the lawsuit.
Court oversight and external monitoring required
The EEOC filed suit in U.S. District Court in the Eastern District of California after attempting to reach a settlement through its administrative process. The case is Case No. 1:23-cv-01422-JLT-EPG.
Beyond monetary relief, Elaine’s Pet Resorts agreed to hire an external equal employment opportunity monitor and provide specific reasonable accommodation training. The company must also implement new ADA policies and procedures to ensure proper handling of accommodation requests.
The external monitor will oversee investigations of alleged disability discrimination, and the case will remain under court jurisdiction for three years.
EEOC officials stress interactive process requirements
“Employers must engage in the interactive process and provide reasonable accommodations for employees and applicants with disabilities who have been legally prescribed medications that result in positive drug screening,” said Anna Park, regional attorney for the EEOC’s Los Angeles District, which includes Fresno.
Armando Hernandez, director of the EEOC’s Fresno local office, warned against automatic assumptions about positive drug tests. “Automatically assuming that a positive drug screen means that an individual is taking illicit drugs can violate the ADA,” Hernandez said. “The EEOC is here to protect the rights of employees and applicants who experience disability discrimination.”
The EEOC’s Los Angeles District Office oversees parts of California and Nevada, the Hawaiian Islands, American Samoa, Guam, the Northern Mariana Islands, and Wake Island. The agency investigates and litigates against private sector employers for violations of federal employment discrimination laws.
