Individuals with disabilities can have a harder time applying for jobs that require a certain amount of physicality to them. However, regardless of their condition, they deserve a fair shot of applying for the position and going through the same procedures as everyone else. If employers fail to allow this, they are in violation of the Americans with Disabilities Act.
A trucking company in Greely has recently come into the spotlight due to a lawsuit filed by the Equal Employment Opportunity Commission (EEOC) in the U.S. District Court in Denver. The federal agency accuses JBS Carriers of filtering out disabled applicants during their hiring process.
An unfair process?
JBS Carriers works with ErgoMed WorkSystems in the pre-employment screening process for potential truckers they are looking to hire. The EEOC believes that they purposefully exclude disabled workers during the screening process. One rejected applicant the EEOC highlights is a California resident who claimed she had sore shoulders from carrying her luggage to the motel she stayed at while applying for the job. The federal agency believes that ErgoMed WorkSystems told JBS to avoid hiring the woman due to her shoulder issues and prevented her from completing the tests revolving around physical abilities.
A spokeswoman at JBS Carriers claims that the trucking company welcomes a diverse set of workers and believes the accusations are false. Regardless, the commission still looks to help the woman and other disabled workers that JBS Carriers rejected obtain compensation from their rejections and to prevent the company from working with ErgoMed WorkSystems for employee screenings.
What does it violate?
If these stories are true, JBS Carriers and ErgoMed WorkSystems would be in violation of Title I of the Americans with Disabilities Act, which focuses on equal employment opportunity for individuals with disabilities. This focuses on giving people with disabilities access to the same opportunities a nondisabled person has in the application process and encourages employers to provide reasonable accommodations.
The woman still should have received the chance to prove herself with the physical testing portion of the application process, but the EEOC claims that the companies never gave her the opportunity to prove how good she would be at the job. The woman’s sore shoulder does not appear to be as severe as other disability cases, which means that if the commission’s accusations are true, then the company could receive more lawsuits for rejecting disabled workers.
The government passed the Americans with Disabilities Act in 1990. Companies have had nearly 30 years to incorporate this law into their hiring process, but this case could demonstrate that many still have a long way to go. If you or a loved one was unfairly treated in the hiring process for a disability, an employment law attorney can help you seek damages received from not getting the job.