Fort Worth rehab center settles disability bias suit — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Fort Worth rehab center settles disability bias suit

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in Discrimination and Harassment,Human Resources

The Fort Worth Center for Reha­­bil­­i­­­­tation will pay a rejected job applicant $30,000 to settle a disability dis­crimination suit filed by the EEOC. The EEOC alleged the center failed to accommodate a certified nursing assistant’s disability when conducting a pre-employment drug screen.

The center made a conditional offer of employment pending a physical examination and drug screening.

Producing urine for the drug test was difficult because the woman has no kidneys, the result of a failed transplant years ago. She requested to have a test based on either drawn blood or analysis of a hair sample.

The center refused and rescinded the job offer.

The woman filed a complaint with the EEOC alleging the center violated the ADA when it refused to accommodate her disability. The EEOC filed suit on the woman’s behalf, and the center decided to settle the case.

In addition to paying the applicant, the center will train its personnel on the ADA’s requirements during the hiring process.

Note: Employers must have an accommodation process in place to handle requests that come from em­­ployees and applicants. In order to refuse a requested accommodation, employers must show that providing the accommodation would have constituted an undue hardship or that another, more reasonable accommodation was available.

This employer simply said, “No.” That is not the interactive process the ADA describes.

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