Two security officers employed by American Ordnance left or were terminated as a result of their disabilities, according to an Office of Federal Contract Compliance Programs (OFFCCP) audit.
The OFCCP’s Chicago District Office conducted an investigation after a complaint alleged the Iowa-based munitions manufacturer violated Section 503 of the Rehabilitation Act and the Americans with Disabilities Act.
The employee named in the complaint was terminated, and the company did not reinstate him. During the investigation, the OFCCP discovered a second security officer voluntarily left the company after being discriminated against for his disabilities.
“Federal contractors must make decisions based on employees’ abilities, not their disabilities,” said Tom Dowd, the OFCCP’s acting director in a statement. “Employees with disabilities should feel comfortable requesting an accommodation, and federal contractors must respond to them in a timely manner. By voluntarily entering into this settlement agreement and making reasonable accommodations, American Ordnance is ensuring employees with disabilities can remain on the job and be productive.”
As a result, American Ordnance will to pay the two former workers a total of $50,000 in back pay and other damages for failing to accommodate them as required by the Section 503 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990.
America Ordnance did not admit liability for the claims. However, the company agreed to revise its procedures for handling reasonable accommodations and will also notify all employees of how to request reasonable accommodations. In addition, it also will train supervisors about ADA compliance.
Since 2014, American Ordnance has received more than $13 million in federal contracts from the U.S. Department of the Army. The company is owned by Day and Zimmerman of Philadelphia.
The U.S. Department of Labor’s OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974.
Collectively, these laws make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran.
In addition, contractors and subcontractors are prohibited from discharging or discriminating against applicants or employees who inquired about, discussed or disclosed their compensation or that of others.