Employer pulls job offer, attracts ADA lawsuit — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Employer pulls job offer, attracts ADA lawsuit

by on
in Discrimination and Harassment,Human Resources

The EEOC is suing Presbyterian Healthcare Associates in Charlotte, alleging it violated the ADA when it refused to hire a phlebotomist with a creaky knee.

An old injury caused the man’s bum knee, but he was cleared to participate in phlebotomy training at a Charlotte-area community college.

As part of the training, he completed a seven-week internship at Presbyterian Healthcare. After completing the internship, he applied for and was hired for a phlebotomist position, pending a physical.

That’s when he revealed his knee injury and provided his past medical records, including his clearance to participate in the phlebotomy program. Presbyterian rescinded its job offer, and the man complained to the EEOC.

Conciliation efforts were unsuccessful, so the EEOC filed suit seeking back pay and compensatory and punitive damages, as well as injunctive relief.

Note: At first blush, Presbyterian Healthcare does not seem to have a strong case here. After all, the applicant performed well enough to be offered a job, and Presbyterian Healthcare rescinded the offer without exploring reasonable accommodations.

This may be a case where a hiring manager simply didn’t think of the ADA implications of pulling a job offer.

Leave a Comment