The U.S. Equal Employment Opportunity Commission (EEOC) has taken legal action against a logistics and specialty hauling company, for violating federal law by rescinding a job offer to a truck driver applicant due to his past history of back pain.
Company Rescinded Job Offer to Truck Driver Applicant
The lawsuit alleges that the applicant applied for a truck driver position, and received an offer of employment subject to passing a drug screen and a Department of Transportation physical exam, which he completed. However, despite being fit for the job, the company reconsidered the offer based on the applicant’s medical history questionnaire, citing his past pain symptoms as high risk. Consequently, the job offer was withdrawn, despite no medical restrictions and the applicant’s capability to perform the essential duties of the position.
The EEOC argues that the logistics and specialty hauling company’s actions contravened the Americans with Disabilities Act (ADA), which explicitly prohibits discrimination based on disability, including perceiving an applicant as having a disability. Consequently, the EEOC has initiated legal proceedings (Case No. 2:23-cv-01298) in the U.S. District Court for the Western District of Louisiana, seeking damages, lost wages, benefits, and injunctive relief.
Key Takeaways
Michael Kirkland, director of the EEOC’s New Orleans Field Office, emphasized that it is illegal for employers to reject candidates based on perceived disabilities without confirming their inability to perform essential job functions.
Scott Wilson, Senior Trial Attorney at EEOC’s New Orleans Field Office, highlighted the importance of how employers perceive an individual’s condition and react to it, emphasizing that employers cannot discriminate against individuals they regard as disabled, even if they may not be so.
Conclusion
This lawsuit underscores the significance of making individualized determinations about an applicant’s capacity to perform job functions rather than basing hiring decisions on perceived disabilities. It serves as a reminder for businesses to adhere to anti-discrimination laws, ensuring fair employment practices and fostering an inclusive workplace for individuals of all abilities.