February 24 2016
The US Equal Appliance Opportunity Commission filed a accusation adjoin Two Hawk Appliance Services LLC, a acting staffing bureau based in Lumberton, NC.
The accusation alleges the close abandoned federal law aback it asked an appellant actionable medical questions during its appliance action and again banned to appoint the appellant because of her responses to those actionable medical inquiries, in abuse of the Americans with Disabilities Act. In addition, the clothing alleges Two Hawk bootless to absorb appliance applications as appropriate by federal law.
The EEOC seeks aback pay, compensatory amercement and castigating amercement as able-bodied as injunctive relief.
According to lawsuit, Nicole Bullard activated for appliance with Two Hawk in May 2013 and was appropriate to ample out a medical history anatomy during the appliance process. The anatomy asked Bullard to analyze medical conditions, and to acknowledge whether she was demography any medications that adeptness affect her adeptness to accomplish the capital functions of the job. The anatomy additionally asked Bullard to accompaniment whether she had concrete or brainy altitude that appropriate accommodation, and whether she had any restrictions in activity. In acknowledgment to the application’s questions, Bullard appear that she was demography two decree medications.
According to the EEOC, Bullard again accustomed a codicillary job action from Two Hawk and answered questions about her medications during her acclimatization for work. The afterward day, Bullard’s job action was rescinded and Bullard was told she had not anesthetized a “pre-screening test,” the EEOC claims.
“Employers charge be alert of prohibitions by federal law adjoin actionable medical inquiries,” said Lynette Barnes, bounded advocate of EEOC’s Charlotte District Office. “EEOC is actuality to avert the rights of advisers and job applicants to be chargeless of such arbitrary and actionable probing.”
Two Hawk operates three offices in North Carolina and one anniversary in Kansas and Kentucky, according to its website.
EEOC filed clothing in US District Court for the Eastern District of North Carolina, Southern Division, afterwards aboriginal attempting to ability a pre-litigation adjustment through its abatement process.
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