EEOC sues Tennessee trucking company for disability discrimination

Employer allegedly refused to hire applicant because of his medical condition

Posted May 31, 2016

A trucking company headquartered in Chattanooga, Tennessee, violated federal law by refusing to hire an applicant because of his disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit.

According to EEOC's lawsuit, the applicant applied for employment as a commercial driver. The company conditionally approved his application pending a license check and drug screening. The applicant told a company representative he was unable to provide a urine sample due to a medical condition, bladder exstrophy, but could provide blood for the drug screening. Exstrophy of the bladder is a congenital absence of a portion of the abdominal wall and bladder wall.

The agency says the company initially agreed to the blood screening and later decided not to hire the applicant because of his medical condition and the fact that he could not provide a valid urine specimen. The company withdrew the offer of conditional employment.

EEOC’s suit also claims the company knew the applicant could not provide a valid urine specimen due to his medical condition and refused to provide him the opportunity to undergo drug screening because of his disability.

Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits employers from refusing to hire an applicant because of a disability.

The federal agency seeks back pay, compensatory damages, and punitive damages for the claimant, as well as injunctive relief.


 

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