Disability Discrimination Case Summary
Hiland Dairy offered an individual a job and sent the individual for a standard pre-employment medical exam. The company decided to rescind the job offer once they received the results. The physician reported that the individual was legally blind and that this was a safety issue. The company acted on this statement alone, without further investigation or discussion with the individual. This error led to the disability discrimination lawsuit, and the cost to the company $140,000 plus time and attorney fees. Andrea G. Baran, the EEOC’s regional attorney in St. Louis, stated that “The ADA requires employers to evaluate workers with disabilities based on their actual ability to perform a job, with or without reasonable accommodation…” https://www.eeoc.gov/newsroom/hiland-dairy-pay-140000-settle-eeoc-disability-discrimination-suit
DSI Work Solutions Perspective on Reasonable Accommodation
There is an important takeaway from this Disability Discrimination Suit settlement. When an offer of hire is withdrawn based on an examination or test, it must be based on findings that are job specific and consistent with business necessity. It is also critical that the employer engage the individual in the interactive process, where reasonable accommodation possibilities are discussed.
This case result could apply to any situation in which an individual either has or is perceived to have a disability. The response of the EEOC would likely be very similar when it comes to job requirements based on physical demands.
The Job Function Matching System provides physical demands testing that is job specific and consistent with business necessity. The Job Function Match feature directs the employer to what needs discussion and consideration related to reasonable accommodation. Employer representatives and physicians often lack the ability to have this depth of discussion and therefore to record the outcomes in a way that is clearly job related. In effect, they enter (or fail to enter) the interactive process with inadequate information, leaving them vulnerable to lawsuits due to misunderstanding and a lack of evidence.
For a 16 minute overview on how the Job Function Matching System works, click HERE. To learn more, visit DSI Work Solutions website.
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