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ADA Blog

 

ADA Blog #170

Warehouse and Distribution Company Doesn’t Hire Applicant Because of Disability

Recruiters should all know by now that its company cannot refuse to hire an applicant solely based on its knowledge about #disability.

In another #EEOC investigation, #Professional #Freezing Services, a cold storage warehouse and distribution company serving the Chicago area, refused to hire an applicant for its warehouse manager position after learning that he had been diagnosed with prostate cancer.

Denying employment to someone because of a disability, such as cancer, violates the #ADA.

According to the EEOC, "Under federal law, the fact that a prospective employee has cancer or any other disability is irrelevant. The question is whether he or she can do the job, and if he or she needs a reasonable accommodation to do so which the employer can provide without incurring an undue hardship. That's it,"

EEOC is seeking back pay and compensatory and punitive damages for the applicant and an order barring future discrimination and other relief.

The recruitment process takes place during the “pre-offer” stage of employment. During this stage, recruiters may not ask any disability-related questions or require any medical examinations, even if they are related to the job. Knowing about a person’s disability must not be considered at this stage when deciding which applicant is qualified for the job. This knowledge can only increase your risk if you do not offer a conditional job offer.

Mitigate your company’s risk by making sure your recruiters are aware of what they can and cannot do when recruiting top talent.

 

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.