Virginia International Terminals to Pay $20,000 in EEOC Disability Discrimination Suit

NORFOLK, Va. - Virginia International Terminals, LLC (VIT), a marine terminal operator headquartered in Norfolk, will pay $20,000 and furnish other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the suit, the employee worked at VIT-operated Norfolk International Terminals driving a hustler truck, which moves shipping containers around Norfolk International Terminals at a maximum speed of 20 mph. The driver was hospitalized because of a cardiac event and received an implantable cardioverter defibrillator. The EEOC alleged that after his procedure, VIT violated federal anti-discrimination law by refusing to allow him back to work as a hustler driver, even though he received a medical release, and instead offered lower-paying work.

The lawsuit also charged that VIT violated the law when it assumed the employee would pose a safety risk and imposed restrictions excluding him from working in certain categories of jobs. This assumption was made without conducting an individualized analysis to determine whether or not he could perform the job without posing a direct threat to himself or others.

"The EEOC is pleased that VIT has committed to updating its policies to ensure the proper direct threat analysis is conducted for employees with disabilities moving forward," said Melinda C. Dugas, regional attorney for the EEOC's Charlotte District. "Where there is a legitimate safety risk, employers should always look to the most recent advancements in medicine and safety technologies to determine whether the risk can be reduced or eliminated by reasonable accommodation."

The conduct alleged in the EEOC's lawsuit violates the Americans with Disabilities Act (ADA), which prohibits employment discrimination because of a disability. The EEOC filed suit (EEOC v. Virginia International Terminals, LLC, Civil Action No. 2:24-cv-590) in U.S. District Court for the Eastern District of Virginia, Norfolk Division, after first attempting to reach a pre-litigation settlement through its voluntary conciliation process.

In addition to paying monetary damages, the three-year consent decree resolving the lawsuit requires VIT to update its policies to assure compliance with the ADA, train key personnel, post an employee notice, and submit periodic compliance reports to the EEOC.

For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.

The EEOC's Charlotte District is charged with enforcing federal employment anti-discrimination laws in North Carolina, South Carolina, and Virginia.

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 is responsible for investigating charges against state and local government employers before referring them to DOJ for potential litigation. 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. Stay connected with the latest EEOC news by subscribing to our email updates.