NEW ORLEANS (Legal Newsline) — The U.S. Equal Employment
Opportunity Commission (EEOC) announced that it has filed a lawsuit against
Oilfield Instrumentation USA Inc., an oilfield services company, for allegations
of violating the Americans with Disabilities Act (ADA).
"Hiring decisions based upon reliance on negative
stereotypes associated with particular disabilities violate the ADA and will
not be tolerated,” EEOC New Orleans Field Office Director Keith Hill said.
According to EEOC, Carl J. Devalcourt III, a Type I
insulin-dependent diabetic, applied for a service technician position at
Oilfield Instrumentation on Feb. 4, 2013. He allegedly interviewed and
received a job offer, after which he went in for a physical examination. The
doctor determined he was in “good physical shape” and that his diabetes was “well-controlled.”
The doctor was concerned about Devalcourt being insulin-dependent, however.
According to EEOC, he contacted Oilfield Instrumentation after the interview
and told them of his concerns. Afterwards, Oilfield Instrumentation purportedly revoked the
Alleged conduct of this nature violates the ADA. EEOC claims
that the company based its decision on a sweeping determination that Type I
insulin-dependent diabetics could not work offshore, instead of whether or not
the applicant could perform all essential job duties.
"This lawsuit reminds employers of their obligation to
conduct individualized assessments of a person's ability to perform the essential
functions of a job," EEOC Houston Regional Attorney Jim Sacher said.