DENVER — The federal government and Cumbres & Toltec Scenic (C&TS) railroad have agreed to a conciliate disability discrimination charge stemming from allegations the company did not conduct an assessment on an applicant with a disability as required by the Americans with Disabilities Act (ADA).
According to the U.S. Equal Employment Opportunity Commission (EEOC), an applicant for a brakeman position was discriminated against by Cumbres & Toltec because he was not given an individualized assessment to see if he were able to perform the essential functions of the position either with or without a reasonable accommodation.
C&TS agreed to a financial settlement and also to provide ADA training for its employees over the next three years. In addition, the company agreed to have a performance-based system as part of management's yearly performance reviews, the EEOC said.
"We applaud the railroad for working with us when this issue was brought to its attention," EEOC Phoenix District director Elizabeth Cadle said in a statement. "We are pleased with the resolution."