EEOC Sues Bollinger Shipyards for Disability Discrimination
Federal lawsuit says shipbuilder placed worker on unpaid leave because she used prescription medication to treat opioid dependency
MOBILE, Ala. – Bollinger Shipyards, LLC, a provider of marine construction, repair and conversion services employing more than 300 workers at 10 shipyards located across the Mississippi and Louisiana coasts, violated federal law by excluding an employee from work because she used a prescription medication to treat opioid dependency, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today.
The EEOC charged that Bollinger placed the worker on involuntary indefinite unpaid leave in April 2024 from her position as a shipfitter at the company’s facility in Pascagoula, Mississippi, after it learned of her prescription. Bollinger excluded the worker even though the worker had performed her role safely and competently. The agency alleged that the employee, who was recovering from opioid dependency, used her medication lawfully under her physician’s supervision and was qualified to continue performing her job.
Marsha Rucker, regional attorney for the EEOC’s Birmingham District, said, “As the federal agency charged with enforcement of the Americans with Disabilities Act, we will vigorously enforce that indispensable law and will act when companies make discriminatory decisions based on generalized fears or stereotypical assumptions about individuals with disabilities.”
Such alleged conduct violates the Americans with Disabilities Act (ADA), which guarantees equal employment opportunity to individuals with disabilities. The ADA’s prohibition against disability discrimination prohibits an employer from excluding an employee because of their disability or their treatment unless the employee creates a significant risk of substantial harm to the health or safety of the worker or others, unless it would cause an undue hardship for the employer.
The EEOC filed suit in U.S. District Court for the Southern District of Mississippi (EEOC v. Bollinger Shipyards, LLC, Civil Action No. 1:25-cv-00288) after attempting to reach a pre-litigation settlement through its conciliation process. The EEOC seeks monetary damages including back pay, compensatory damages and punitive damages, as well as injunctive relief designed to prevent such unlawful conduct in the future.
“Gainful employment supports individuals recovering from addiction,” said EEOC Birmingham District Director Bradley Anderson. “The EEOC is committed to ensuring that such workers receive all of the protections that federal law provides.”
For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.
The EEOC’s Birmingham District Office is charged with enforcing federal employment discrimination laws in Alabama, Mississippi (except for 17 northern counties) and the Florida Panhandle.
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.
Source: U.S. Equal Employment Opportunity Commission (EEOC.gov)
