Former Sales Manager Sues Dealership, Will Receive $128k

A Ford Dealer in Arkansas has been ordered to pay over $128,000Â to settle an Equal Employment Opportunity Commission Lawsuit. Randall Smith Ford in Fort Smith, ARÂ has been ordered to pay $128,750 as part of a suit filed by a former employee. The U.S. Equal Employment Opportunity Commission has provided the story of the case online. A copy of the original complaint is also available.

The suit alleges that Randall Smith Ford fired Doyle Martin, one of their used car managers, after he began to require disability accommodations. The following events are explained as they are stated in the original complaint, filed August 29, 2013. Martin was hired as a manager in March of 2011. A few months later on or around June 21st, 2012 Martin took medical leave to have a “mass removed” from his lower spine. Post surgery he struggled to walk or stand and needed a walker for stability. Prior to his medical leave he reportedly was never disciplined at Randall Ford for any reason. On July 24th, 2012, Martin met with the owner and controller of the dealership. He informed them of his condition and limitations. He was then given a written warning. The warning was in regards to his purchase of 39 vehicles for the dealership and usage of a new rather than used “demo vehicle.” The complaint states that neither of the reasons which makeup the warning we’re discussed with Doyle Martin prior to July 24th. Ten days later, on August 3rd, Doyle was terminated by the dealership. One year and 26 days later, his official complaint was filed in the U.S. District Court For Western Arkansas. The Equal Employment Opportunity Commission advanced the case.

The dealership settled the case and will owe back pay to Doyle Martin, $128,750 in damages and the requirement to revise their ADA policies. The dealership will have to provide a clear avenue for an employee to request reasonable accommodations and distribute the new policy to all employees. Do you have a clear policy at your store to accommodate persons with disabilities?