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According to EEOC, Bullard received a conditional job offer but it was rescinded during orientation after Bullard answered questions about the medical history form.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 test.”
"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.