Many Texas companies use pre-employment screening tests to help screen applicants to achieve the best fit possible for a position. However, some types of testing, in effect, discriminate against protected classes of workers and are illegal. Employers that use these barred types of tests may be faced with workplace discrimination claims.
Celadon, a trucking company that operates in another state, was accused of disqualifying applicants with disabilities based upon illegal medical testing. The 23 plaintiffs were apparently required to take medical exams before a final decision was made on their employment. The candidates had applied for truck driving positions. According to the complaint, two of the applicants were qualified for the positions for which they applied, but they were denied a position because of disabilities discovered during the medical exams.
The Equal Employment Opportunity Commission sued, alleging that when the company denied the applicants positions based upon the results of medical tests, it violated the Americans with Disabilities Act. The case was settled recently for $200,000. Additionally, the terms of the settlement require management employees to take disability discrimination training to help prevent these types of violations from occurring in the future.
Many job candidates may feel conflicted as to whether they should disclose their medical details or keep them private. Disabled Texas workers should not be in fear of workplace discrimination due to their medical conditions. The ADA is meant to ensure that disabled workers are provided an equal opportunity for gainful employment. Legal remedies are available to those who are aggrieved.
Source: wishtv.com, "Company pays $200,000 in disability discrimination lawsuit", Aug. 4, 2015