Disability discrimination can occur at various stages of an employment relationship. It even can occur during the hiring process.

Recently, the Equal Employment Opportunity Commission (EEOC) sued a company for discriminating against an applicant. The EEOC alleged that the company refused to interview the job candidate because she was deaf.

Specific Details about the Disability Discrimination Case

The EEOC sued McLane Northeast, a distribution company with a facility near Baldwinsville, N.Y.

The deaf applicant applied for two positions being advertised at the McLane’s Lysander, N.Y. warehouse. She was totally qualified for both positions. In fact, someone from McLane contacted her the same day she applied and left a message. The applicant used a Telecommunications Relay Service to submit her call. The relay service’s operator assists with calls for people with speech and hearing disabilities. McLane did not return the call and rejected her application the next day. They filled both positions with candidates who did not have hearing disabilities.

The Americans with Disabilities Act (ADA)

Discrimination against qualified job candidates based on disability violates the ADA. The EEOC first attempted to reach a pre-litigation settlement with McLane Northeast. Conciliation is a settlement process enabling companies to reach an agreement out of court.

When conciliation is unsuccessful, the EEOC may sue on behalf of individuals. Or, they may release the issue so the individual can hire a lawyer to sue.

The attempt to settle the McLane claim failed. Subsequently, the EEOC pursued litigation on behalf of the applicant. The lawsuit is seeking:

  • Back pay
  • Front pay
  • Compensatory damages
  • Punitive damages
  • Injunctive relief to remedy and prevent future disability discrimination during the company’s hiring process

The EEOC’s New York District Office processes discrimination litigation in Connecticut, Main, Massachusetts, New Hampshire, New York, northern New Jersey, Rhode Island and Vermont.

Put an experienced employment law attorney on your side

The Law office of Peter A. Romero has considerable experience representing clients in disability discrimination cases. We are glad to discuss your matter and how we can help. Call us at (631) 257-5588 or contact us online.