Employers are required to provide reasonable accommodation generally, in three situations. EEOC lawsuit against G2 Secure Staff, LLC, a staffing business based in Texas, has been settled and the company has agreed to pay $30,000 to the applicant who had applied for a job at the company but was not hired.
If you recall, the man has end-stage renal disease. Due to his condition, his kidneys do not function, and the man cannot urinate. In May of 2010, the man applied for a shift supervisor position at the company’s facility at Raleigh-Durham International Airport in Raleigh, NC. The applicant had completed every requirement for employment at G2 Secure Staff, excluding the drug test. Because he could not urinate, he requested utilizing a hair sample in lieu of a urinalysis for the necessary test. The company denied the man the opportunity to provide a hair sample or any alternate method for a drug test for employment. Since he was unable to submit a completed test, he was not hired for the position. Since the company had failed to accommodate the man during the hiring process and likewise not hiring him (presumably due to his disability), the ADA would have been violated.
G2 Secure Staff will also be taking steps to ensure that those with disabilities are accommodated in the future. The company will revise its anti-discrimination policy, at least two of the revisions being a process for requesting reasonable accommodation as according to ADA guidelines and a clarification of the employer’s responsibility to actively accommodate an employee when such a request has been made. Additionally, the company will post a notice detailing the settlement and will conduct training on ADA-specific obligations.
This situation should be a wakeup call to all employers that if they haven’t done so, should immediately put an ADA plan in place and schedule employee training. In this case, the employer could have easily made the requested accommodation and avoided this entire process. EEOC is vigorously prosecuting cases where the employer refuses to provide a reasonable accommodation that would enable a person to be hired.
This information should not be construed as “legal advice” for a particular set of facts or circumstances. It is intended only to be a practical guide for participants familiar with this subject. Users should seek appropriate legal advice tailored to address their specific situation.