RALEIGH, N.C. (Legal Newsline) – Two Hawk Employment
Services LLC of Lumberton, North Carolina, has agreed to a $30,000 settlement after
allegations it violated disability laws, the U.S. Equal Employment Opportunity
Commission (EEOC) announced.
EEOC charged that Nicole Bullard applied for employment with
the temporary employment agency in May 2013. Bullard was allegedly made to fill
out a medical history form that asked her to identify medical conditions that
may affect her job performance.
According to EEOC, Bullard received a conditional job offer
but it was rescinded during orientation after Bullard answered questions about
the medical history form. The company purportedly told her that she failed a “pre-screening
"The law is clear: employers cannot request any
information that might disclose the existence of a disability during its initial
application process," Lynette A. Barnes, regional attorney for EEOC's
Charlotte District, said. "Such information can only be requested after an
applicant receives a legitimate job offer."
In addition to monetary relief for Bullard, Two Hawk must
develop an anti-discrimination policy that includes the ADA and the prohibition
of disability discrimination. It will need to provide annual training to its
corporate and branch offices on this policy.