the situation
After receiving a job offer, an applicant reveals that he takes
medication for anxiety and high blood pressure. In light of the type
of the position he would hold, you have some concerns that his medical
condition could affect his ability to do his job and so you end up
rescinding the job offer. Could your perception about his medical
condition get you in trouble?
the ruling
Possibly–not only does the ADA protect individuals with disabilities
from discrimination, but actually extends its protection to those who
are regarded as having a disability. This type of
discrimination claim focuses not on the extent of the actual impairment
of the employee or applicant, but instead is based on how others
perceive the individual and the effect of that perception.
Just recently, a large steel and iron powder company reached a
settlement with the EEOC involving just this type of claim. T
he EEOC
filed a lawsuit against the company (EEOC v. Hoeganaes Corp., Case
No. 3:14cv01114 (M.D. Tenn.)), asserting that the company had unlawfully discriminated against a job applicant based upon its
perception of a disability.
After a job applicant was offered a position as a maintenance
mechanic, he was required to undergo a physical examination and drug
screening. Before the exam, the applicant completed a medical
questionnaire, revealing that he was taking prescription drugs for
anxiety and high blood pressure. The company then directed him to go to
his primary care physician and get confirmation that he was capable of
performing the essential functions of the maintenance mechanic job.
After some back and forth, the primary care physician ended up sending a
note which said that the applicant “should be able to perform his job
duties at Hoeganaes without restrictions, meds he takes are ok.” The
company’s HR Manager said that the word “should” was inadequate and so
the applicant was not cleared for the job. The applicant wasn’t able to
complete his physical exam and the job offer was rescinded. The
applicant filed a charge with the EEOC and the EEOC ended up bringing
suit against the company under the ADA. The EEOC claimed that the
company rejected the applicant “based on myths, fears, and stereotypes
associated with his perceived disability.”
The company ended up agreeing to pay $47,500 to the applicant to
resolve the claims, and some other equitable relief, including agreeing
to develop and maintain a policy related to disability discrimination
addressing some of the issues related to medical examinations raised in
this case and to conduct training related to these issues.
the point
Employers have to be very careful of letting their own assumptions or
stereotypes about medical conditions influence (or even appear to
influence) employment decisions. And if there is uncertainty about the
conclusion drawn by a physician about someone’s ability, employers are
well advised to seek clarification rather than jumping the gun and
taking some action based on it.
Originally posted on Virginia Employer Law Blog, by Elaine Inman Hogan on November 30, 2015