The EEOC Thaws the Freeze

The U.S. Equal Employment Opportunity Commission (“EEOC”) announced yesterday a victory for plaintiff William Harvel. The federal agency and Harvel alleged that Chicago based Professional Freezing Services, LLC violated the Americans with Disability Act when the company refused to hire Harvel because they knew he had prostate cancer.

The refrigerator and frozen food logistical company were mandated to pay Harvel $80,000 to provide relief in order to settle the suit. Allegedly, owner Edward Grywacz commented after speaking with Harvel that he would not hire Harvel because of his prostate cancer and that Harvel, “in a best-case scenario, would end up wearing diapers.”

In addition to the $80,000, the company must also provide ADA rights training to its owner and employees so that it discourages discriminatory behavior in the future. Also, the company will be monitored by the EEOC and must post a notice of outcome about the lawsuit for employees to view for two years.