ST. LOUIS (Legal Newsline) — The U.S. Equal Employment
Opportunity Commission (EEOC) has announced a court ruling against Grisham Farm
Products Inc. for allegations of violating two federal laws when it required job
applicants to fill out a health history form before being considered for a job.
Phillip Sullivan purportedly applied for a job with the
company and was told he would not be considered if he did not
fully complete and submit a three-page health history form. Alleged conduct of
this nature violates the Americans with Disabilities Act (ADA) and the Genetic
Information Nondiscrimination Act (GINA).
"The quick judgment in this matter affirms that
Americans with Disabilities Act and Genetic Information Nondiscrimination Act
are important and powerful tools to protect both employees and job applicants
from unlawful discrimination," said James R. Neely, Jr., director of EEOC's St.
Louis District Office.
Grisham Farm will pay Sullivan $10,000 and implement
policies and practices to prevent future discrimination.
"We are extremely pleased this lawsuit was resolved in
three short months, with the court holding that companies cannot require
applicants to reveal their health history prior to receiving a job offer,” said Andrea
G. Baran, EEOC's regional attorney in St. Louis. “Employers need to
realize EEOC will vigorously challenge this discriminatory practice which both
discourages some individuals, like Mr. Sullivan, from applying, and allows
employers to consider illegal factors in their employment decisions."