The EEOC has sued construction giant Glenn O. Hawbaker Inc. for refusing to hire an apparently well-qualified backhoe operator after the company learned the man has diabetes.
Christopher Woomer applied for a position at Hawbaker’s State College facility. The company made Woomer a conditional job offer based on his certifications and many years of experience. Following a physical examination, which showed Woomer is diabetic, Hawbaker rescinded the offer.
The EEOC suit alleges Hawbaker’s actions violate the ADA. Barring a settlement, the matter will go to trial in federal court.
Note: Congress paid particular attention to diabetes when it passed the ADA Amendments Act of 2008. Diabetes is always a disability, and the law protects employees who demonstrate they can perform the job’s essential functions. Employers are asking for trouble if they refuse to hire diabetics who show they can perform their jobs and successfully manage their disease.
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