EEOC Sues Staffing Agency For Disability Discrimination
The U.S. Equal Employment Opportunity Commission recently filed a lawsuit against C.W. Inc., which does business as CPG Staffing, and Executive Personnel Group, LLC, a sister staffing company. These companies assign employees to construction industry jobs. According to the EEOC, CPG Staffing illegally discriminated against a job applicant when they rescinded his job offer in Hazlehurst, GA because they regarded him as having a disability.
According to the EEOC’s lawsuit, CPG Staffing and Executive Personnel rescinded a welding applicant’s job offer after learning that he had injured his knee two years prior to applying for the job. Before disclosing the prior injury—from which he had completely recovered—the applicant successfully passed a welding test. The welding test involved climbing ladders, crouching, and crawling on beams.
Shortly after passing the test, the applicant disclosed in a post-offer medical questionnaire that he had previously been treated for a knee injury he suffered while working a previous job. He further indicated that he could perform the essential duties of the welding job and did not require a reasonable accommodation. The applicant later provided a letter from his physician that cleared him for work.
However, Executive Personnel’s risk manager instructed CPG Staffing not to hire the applicant because of his prior injury. As a result, CPG Staffing rescinded the applicant’s job offer.
Such conduct as alleged by the EEOC violates the Americans with Disabilities Act (ADA), which prohibits discrimination based on a perceived or actual disability.
A lesson to employers
It is considered unlawful to rescind a job application to a qualified applicant because a risk assessment manager thought their previous injury made them a liability. In this case, the applicant had a knee injury that he sustained at a previous job. At the time of the application, he was not actually disabled. But the company he applied for a position with decided that because he had previously injured his knee, he was a potential risk for employment. This is illegal and a good way to get yourself sued by the EEOC.
“The ADA prohibits discrimination against an applicant for employment because of a disability, whether it is actual or perceived,” said Marcus G. Keegan, regional attorney for the EEOC’s Atlanta District Office. “CPG Staffing and Executive Personnel Group violated the ADA by rescinding a job offer to a qualified applicant because they regarded him as having a disability. However, the applicant was fully capable of performing the essential functions of the job, as demonstrated further by his successful completion of a rigorous physical welding assessment.”
Talk to a Columbus, OH Employment Law Attorney Today
Kohl & Cook Law Firm, LLC represents the interests of employers in lawsuits filed by the EEOC. We can help defend your company from allegations that it illegally denied employment or terminated an employee because of a protected characteristic. Call our Columbus employment lawyers today to schedule a consultation, and we can begin discussing your next steps right away.
Source:
gov/newsroom/eeoc-sues-cpg-staffing-and-executive-personnel-group-disability-discrimination
