DENVER — Aurora, Colorado-based Wagner Equipment, an industrial machinery and equipment company, will pay $200,000 and provide other relief to settle a lawsuit for disability discrimination and retaliation filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the EEOC’s lawsuit, Wagner Equipment used unlawful qualification standards which screened out an employee with a disability who was attempting to return from work following medical leave. Specifically, the company required the employee to pass a physical fitness test requiring her to repeatedly lift and carry 100 pounds, even though those activities did not accurately reflect the essential functions of her position. Wagner Equipment also failed to reasonably accommodate the employee’s disability and retaliated against her for requesting accommodation by refusing to allow her to return to work in December 2021, the suit said.

“We appreciate Wagner Equipment’s willingness to enter into an early resolution of this case and to provide training to its employees on disability discrimination, including how to request reasonable accommodations,” said Mary Jo O’Neill, regional attorney for the EEOC’s Phoenix District. “Employers must ensure that return-to-work requirements reflect the actual demands of the job rather than creating unnecessary barriers to employment.”

Such alleged conduct violates the Americans with Disabilities Act (ADA), which requires employers to make reasonable accommodations for disabilities, absent undue hardship. The EEOC filed suit (EEOC v. Wagner Equipment Co., Case No. 1:26-cv-04802-GPG-STV) in the U.S. District Court for the District of Colorado after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

In addition to paying monetary damages to the affected employee, the two-year consent decree settling the suit requires the company to review existing policies concerning disability accommodation and provide training for employees and management in Colorado.

“Employees returning from medical leave should be evaluated based on their ability to perform the essential functions of their jobs,” said EEOC Denver Field Office Director Sherrie Hayashi. “Training supervisors and decision makers on qualification standards, reasonable accommodations, and the interactive process helps ensure that employees with disabilities are evaluated fairly and based on their ability to perform the essential functions of the job.”

For more information about disability discrimination, visit: www.eeoc.gov/eeoc-disability-related-resources. For more information about discriminatory qualification standards, visit: www.eeoc.gov/eeoc-disability-related-resources/qualification-standards.

The EEOC’s Phoenix District Office has jurisdiction over Arizona, Colorado, Utah, Wyoming, and part of New Mexico.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov.