EEOC Rules That Navy Discriminated Against Bernabei Client Based on Record of Illness

The Equal Employment Opportunity Commission issued a significant ruling in favor of a federal job applicant represented by David Wachtel of the Bernabei Law Firm.  The EEOC ruled that the Navy violated the Rehabilitation Act by failing to individually assess the applicant's ability to work safely and that the Navy had no evidence to support its conclusions that hiring the applicant would create a likely and imminent risk of harm.  EEOC ordered the Navy to give the applicant the job he applied for, pay him back pay for nearly six years that the case was pending, pay him compensatory damages in an amount to be determined, and pay his attorney's fees. The EEOC also ordered the Navy to train the supervisors responsible and to consider disciplining both of them. The case began with the support of the law firm of Rose & Rose, where Mr. Wachtel was affiliated between 1993 and 2005.