The U.S. Equal Employment Opportunity Commission has filed suit against New York Beer Project over the dismissal of two bartenders with medical issues at its suburban Rochester location.
The EEOC alleges New York Beer Project illegally fired one bartender at its Victor location who was diagnosed with cancer and another who had a nocturnal seizure, even though both of them had been cleared to work.
The federal agency said it filed suit after failing to reach a pre-litigation agreement through its conciliation process.
“An employer cannot substitute their own judgment when an employee is capable of working,” said Jeffrey Burstein, regional attorney for the EEOC’s New York District Office.
A manager at New York Beer Project declined to comment on the lawsuit Wednesday.
