EEOC Alleges Discrimination Based on Applications Requiring Medical History
by cjleclaire
 Stephen Hans Blog
May 11, 2016 | 26684 views | 0 0 comments | 361 361 recommendations | email to a friend | print | permalink

Queens, New York City Employment Defense Firm

As employers, when you ask for medical information on a job application, you raise a red flag for the Equal Opportunity Employment Commission (EEOC) and set yourself up for a lawsuit. No matter how reasonable it seems to ask an applicant about medical history, simply refrain from doing it.

EEOC vs. Grisham Farm Products

Recently the EEOC filed a lawsuit against Grisham Farm Products. The company required applicants to fill out three pages of medical history. An applicant refused to fill out the information recently and the company told him he would not be considered for the job. He had a disability and the health information requirement on an application violates the American with Disabilities Act (ADA). It also violates the Genetic Information Nondiscrimination Act (GINA), according the EEOC.

Businesses Targeted for ADA Violations

According to the National Law Review, the EEOC is targeting businesses that ask for medical history on job applications.

The EEOC fact sheet indicates it has gone after 200 businesses since 2011 that the EEOC alleges were in violation of the ADA. Lawsuits involved employees with the following types of disabilities:

  • Intellectual disabilities
  • Psychiatric Disabilities
  • Epilepsy
  • Cancer
  • HIV
  • Diabetes
  • Renal Failure

Large, nationwide businesses have been sued, including:

  • Walgreen
  • Kmart
  • UPS
  • AutoZone
  • Dillard’s
  • United Airlines
  • Verizon Maryland
  • Dollar General
  • Papa John’s
  • Target

If you have questions about whether or not you may be liable because you failed to hire a disabled job applicant or have questions about how to deal with issues regarding a disabled worker, get a legal opinion.

At Stephen Hans & Associates, our attorneys can provide you with sound legal guidance and help you stay in compliance with state and federal laws.

 

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