A surgical scrub technician has alleged Sharp Healthcare withdrew a job offer because it regarded her as disabled when she was not.
The technician was offered a job at the Sharp Memorial Outpatient Pavilion in San Diego, but the offer was allegedly rescinded when the hospital learned she had an ankle ailment.
The tech claims the ankle condition would not have affected her ability to perform the job. In fact, she currently works at another health care facility performing the same job.
She filed an EEOC complaint alleging Sharp violated the ADA when it withdrew her job offer because it perceived her to be disabled. The EEOC’s lawsuit seeks back pay, compensatory damages and injunctive relief to prevent future disability discrimination.
Note: Employers that withdraw a job offer because of a physical or mental impairment must show that the impairment would have prevented the applicant from performing the job’s essential functions.