The Equal Employment Opportunity Commission (EEOC) recently scored a major victory in federal court for intellectually disabled workers who are paid less than their co-workers. The case is EEOC v. Hill Country Farms, Inc., No. 3-11-CV-41 (S.D. Iowa Sept. 18, 2012). The Court ruled that the company, a turkey processing service, "engaged in unlawful and discriminatory pay practices in violation of the Americans with Disabilities Act," and awarded 32 workers $1.3 million in back pay and other damages. The Court agreed with the EEOC that the employer discriminated against its intellectually disabled workers by paying them lower wages than non-disabled employees who performed identical work, stating "…the defendant employer HCF-HTS was not justified in paying lower wages to the disabled employees by any of the provisions of the Fair Labor Standards Act, 29 U.S.C. section 201 et seq. ("FLSA") or any other federal or state law or regulation." Shockingly, the company paid its intellectually disabled employees only $65 a month, far below the required minimum wage. The company also provided "room and board" in the form of a converted schoolhouse which the state of Iowa deemed unsafe for occupancy because of shoddy construction, a leaky roof and insect infestation. The Court determined that the company was not entitled to use the alleged "room and board" as credits towards its minimum wage obligations.
