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The Great EEOC Roundup: April Edition


As always, there are some EEOC cases that jump out at me when I review developments on that front.  Below are a couple EEOC cases and settlements that caught my eye this week.


JBS Carriers to Settle Disability Discrimination Suit for $250,000.00

At the start of the month, the EEOC announced that JBS Carriers, a nationwide t idling company, was settling a disability discrimination suit for $250,000.00.  The suit against the company alleged that during the pre-employment screening of applicants, those with disabilities (that were otherwise qualified) were unlawfully screened out.  (JBS used a third party to administer the screening.) The screening included a medical history questionnaire for applicants to complete, a physical examination, and a nine point physical ability test.  If an applicant was unable to complete any of this screening, the third party gave JBS a negative job recommendation for that applicant.  JBS apparently  would withdraw a job offer based upon this negative job recommendation.  However, as readers might have gathered h this point, this conduct is in violation of the Americans with Disabilities Act (“ADA”) which prohibits employers from imposing standards or criteria for employees or applicants that have the effect of discriminating based on disability or that screen out individuals with a disability.


Golden Corral Restaurant Franchisee to Settle Disability Discrimination Suit for $31,000.00

A Golden Corral restaurant franchisee has agreed to settle a disability discrimination suit for $31,000.00 after the franchisee was sued for allegedly terminating an employee after it accused the employee of “being unwilling or unable to control her epilepsy.”  This alleged conduct is in violation of the ADA which prohibits an employer from discriminating against an employee because of their disability or perceived disability.  This settlement should serve as a gentle reminder to employers of what not to do when addressing an employee’s disability.

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