A general manager at a Holiday Inn in Omaha, Nebraska, has been awarded a $100,000 settlement after an Equal Employment Opportunity Commission lawsuit was filed on his behalf.
The EEOC’s complaint was filed against Anant Operations and its affiliates, accusing the hotel’s owners and operators of violating federal anti-discrimination laws. The general manager, who was named as a party in the lawsuit, was described as someone who was previously diagnosed with depression but that his depression was "adequately controlled" by the use of medication.
On October 28, 2019, the manager described experiencing a lack of control over symptoms related to his depression diagnosis. The lawsuit says the manager’s inability to control his emotions was also accompanied by strong feelings of anger, frustration, and ideas of self-harm.
On a day that the manager was not working, he asked his wife to take him to the hospital because of his continued emotions and his inability to control them. The manager also told his direct supervisor, Anant’s VP of Operations, that he would not be able to come into work for his scheduled shift. After spending two nights in the hospital and being cleared for discharge on October 30, the manager was notified that his employment with the hotel chain had been terminated. According to the EEOC’s lawsuit, “the company was afraid he might hurt other people” and as a result, decided to terminate his employment.
The EEOC’s lawsuit accuses the hotel's owner and operators, Anant Enterprises, L.L.C.; Anant Operations, Inc.; and Farnam Lodging, L.L.C. (collectively Anant) of violating the Americans with Disabilities Act (ADA). Under the ADA, businesses are prohibited from discriminating against an individual based on a disability.
The EEOC argued that Anant failed to put the manager under an individual assessment to determine his ability to perform the duties of his job with or without reasonable accommodation. Instead of engaging in such an assessment, his employers unlawfully terminated him because of fears that stemmed from stereotypes related to his disability of depression.
“Before an employer can fire an employee based on their disability, including a mental health disability, it must have objective evidence the employee would be unable to perform their job or would create a significant safety risk even with reasonable accommodation,” said Andrea G. Baran, regional attorney for the EEOC’s St. Louis District Office. Baran adds, “Employers cannot rely on myths or stereotypes about mental health conditions when deciding whether an individual with a mental health disability, such as depression, can perform their job or poses a safety risk.”
Along with proving the company violated the ADA, Anant will be required to adopt policies that will protect workers from being terminated simply based on their disability or for other reasons that violate the ADA. The policies created will need to comply with the ADA and will require all Anant owners, GMs, and HR personnel to undergo ADA training.
David Davis, acting director of the EEOC’s St. Louis District Office also shared, “Workers with mental health conditions, such as depression, may face discrimination in the workplace due to stigma or misunderstandings about mental health disorders.”
Kirt Trivedi, co-founder and president of Anant, shared that he felt “strongly that the accusations are false” but that the owners nevertheless agreed a settlement would be the “best path forward.”
