According to a lawsuit filed by the Equal Employment Opportunity Commission (EEOC), Presbyterian Healthcare Associates Corp., a private regional medical center that operates Presbyterian Hospital and four other general hospitals, violated federal law by refusing to hire a qualified job applicant because of an impairment to his knee.
As part of a training program at a local community college Donovus Todd completed a seven-week phlebotomist internship with Presbyterian Healthcare. After completion of the program, Todd applied for and was offered a position with Presbyterian Healthcare as a phlebotomist, pending a health screening exam. Todd disclosed the knee impairment during the health screening and provided Presbyterian Healthcare with his related medical records. At that time Presbyterian Healthcare rescinded the job offer. According to the EEOC, Todd was fully qualified for the position and could perform its duties, but was denied the job because Presbyterian Healthcare perceived him to be disabled as a result of his knee injury.
This type of conduct violates the Americans with Disabilities Act (ADA), which protects employees and applicants from discrimination based on real or perceived disabilities. “Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant’s disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship.” (www.ada.gov)
Lynette A. Barnes, a regional attorney for the EEOC said, “It is unfortunate that more than 20 years after the enactment of the ADA, too many employers hold impairments against applicants when those impairments don’t inhibit their ability to perform the jobs they seek.”
If you have suffered disability discrimination, please give Los Angeles Employment Attorney, Todd M. Friedman a call at (877) 449-8898 for a free consultation.