TAMPA, Fla. (Legal Newsline) – The Equal Employment
Opportunity Commission (EEOC) has charged KB Staffing LLC, a central Florida
staffing firm, with allegations of making unlawful pre-offer health inquiries
KB Staffing allegedly made applicants fill out a paper application
package that asked detailed questions about medical history before offering a
position or placement. While KB Staffing purportedly changed this process in
2013, EEOC claims that in some instances, the medical questionnaire was still
In most cases, employers cannot make pre-offer medical
inquiries due to the Americans with Disabilities Act.
"Congress recognized that prohibiting pre-offer medical
inquiries was necessary to prevent applicants from being subjected to harmful
and unfounded stereotypes on the basis of an actual or perceived disability,"
EEOC Regional Attorney Robert Weisberg said. "As staffing agencies now
play a large role in our nation's workforce, eliminating any discrimination in
their screening practices is increasingly important to ensuring that workers
with disabilities have equal access to work opportunities."
EEOC seeks compensatory damages, punitive damages and
"Employers need to be aware that EEOC will continue to
enforce the ADA vigorously,” EEOC’s Tampa Field Director Georgia Marchbanks
said. “Applicants should not have to worry that an employer will use sensitive
and private medical information against them to unfairly exclude them from jobs
that they could perform."