Triple-S must compensate an employee with fibromyalgia after delaying workplace accommodation for three years, the U.S. Equal Employment Opportunity Commission announced.
The Puerto Rico-based insurance provider agreed to pay $100,000 and implement policy changes to settle a lawsuit filed by the EEOC, which alleged the company violated the Americans with Disabilities Act.
According to the EEOC, a traveling sales agent with fibromyalgia requested reassignment to an in-office position because her medical condition limited her ability to drive for extended periods. The company allegedly delayed accommodating this request for approximately three years.
“The EEOC is committed to protecting the rights of qualified employees who can be reasonably accommodated by way of reassignment,” said Kristen Foslid, regional attorney for the EEOC’s Miami District.
Under the three-year consent decree settling the lawsuit, Triple-S Vida, Inc. and Triple-S Management, Corp. will modify their reasonable accommodation policy and provide specialized training to human resources and recruiting personnel on ADA requirements.
EEOC San Juan Local Office Director William Sanchez emphasized that employers should not view reassignment as a last resort option. “The ADA expressly identifies reassignment to a vacant position as a reasonable accommodation,” Sanchez said.
The case was filed in U.S. District Court for Puerto Rico after attempts to reach a pre-litigation settlement through the EEOC’s conciliation process were unsuccessful.
The EEOC’s Miami District Office, which handled the case, has jurisdiction over Florida, Puerto Rico, and the U.S. Virgin Islands.
