RALEIGH, North Carolina (Legal Newsline) — The U.S. Equal Employment Opportunity Commission is suing Two Hawk Employment Services LLC, alleging violating the Americans with Disabilities Act (ADA).
Two Hawk runs a temporary staffing office in Lumberton, North Carolina, placing temporary workers at a number of different employers.
Nicole Bullard applied for employment with Two Hawk in May 2013 according to the EEOC lawsuit. Bullard allegedly had to fill out a medical history form, which asked about medical conditions or medications that might affect her job performance ability. Bullard noted two prescription medications.
According to EEOC allegations, Bullard received a conditional offer but after an orientation, in which Two Hawk asked further questions about her medications, her offer was rescinded.
The alleged questions asked during the application process and the refusal to hire Bullard after disclosure of medical information violate the ADA, the EEOC says.
"Employers must be mindful of prohibitions by federal law against illegal medical inquiries," said Lynette A. Barnes, regional attorney of EEOC's Charlotte District Office. "EEOC is here to defend the rights of employees and job applicants to be free of such unfair and unlawful probing."
EEOC seeks back pay, compensatory damages and punitive damages, plus injunctive relief.