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Texas-Based Sales and Marketing Company to Settle Disability Lawsuit for $2.65M

CROSSMARK Inc. will pay $2.65 million to settle a federal disability discrimination lawsuit brought forth by the EEOC. The Texas-based company provides food demonstrations to retailers. CROSSMARK allegedly forced its employees to stand for too long while preparing and serving food samples, conduct which would be in violation of the Americans with Disabilities Act. The EEOC initially tried to reach a pre-litigation settlement before filing its lawsuit. In addition to monetary relief, the settlement requires CROSSMARK to take other actions, such as revising its disability discrimination policies and providing training for managers and employees.

Key Takeaways:

  • In 2018, according to allegations made, Food Demonstrators, working for CROSSMARK INC. were not allowed to use the provided stool for more than a severely limited time.
  • Regardless of medical restrictions, Food Sample Providers were expected to make use of the proffered stool for no more than 10 minutes every two hours.
  • Due to the allegations, the Plano, Texas-based International firm will have to pay out more than two and a half million dollars in compensation.

“Some employees were permitted to sit as needed when they performed the same job while working directly for the retailers, but when CROSSMARK took over the events, it refused to allow the same accommodation, according to the EEOC.”

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