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Illegal to Automatically Reject Deaf Job Applicants

4/13/2018

 
The U.S. Equal Employment Opportunity Commission settled a lawsuit in which the EEOC claimed that a company refused to hire a job applicant because of his disability.  The EEOC’s lawsuit alleges that a deaf job applicant applied for a warehouse position.  However, when the applicant arrived for the interview, the site manager canceled it and told the prospective employee that the interview would be rescheduled when an HR representative and an interpreter could attend the interview.  The company, however, did not reschedule the interview.  Instead, the site manager sent the prospective employee a text message, which said “we have determined that there is no job we can offer that would be safe for you . . . .”  Despite this comment, the company never asked the applicant whether he could perform the essential job duties of a warehouse position with or without a reasonable accommodation.  The alleged conduct is a violation of the Americans with Disabilities Act, which prohibits employers from discriminating against employees and prospective employees on the basis of their disability.  See EEOC v. Capstone Logistics, LLC, No. 1:17-cv-01980 (D. Md.).

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