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Tuesday, August 20, 2019

EEOC takes action against Oilfield Instrumentation for alleged ADA violations

By Mark Iandolo | Jul 27, 2016

There has been some recovery in recent weeks in oil prices, but it is not known whether it will continue. | Lindsey G / Flickr

NEW ORLEANS (Legal Newsline) — The U.S. Equal Employment Opportunity Commission (EEOC) announced that it has filed a lawsuit against Oilfield Instrumentation USA Inc., an oilfield services company, for allegations of violating the Americans with Disabilities Act (ADA).

"Hiring decisions based upon reliance on negative stereotypes associated with particular disabilities violate the ADA and will not be tolerated,” EEOC New Orleans Field Office Director Keith Hill said.

According to EEOC, Carl J. Devalcourt III, a Type I insulin-dependent diabetic, applied for a service technician position at Oilfield Instrumentation on Feb. 4, 2013. He allegedly interviewed and received a job offer, after which he went in for a physical examination. The doctor determined he was in “good physical shape” and that his diabetes was “well-controlled.” The doctor was concerned about Devalcourt being insulin-dependent, however. According to EEOC, he contacted Oilfield Instrumentation after the interview and told them of his concerns. Afterwards, Oilfield Instrumentation purportedly revoked the job offer.

Alleged conduct of this nature violates the ADA. EEOC claims that the company based its decision on a sweeping determination that Type I insulin-dependent diabetics could not work offshore, instead of whether or not the applicant could perform all essential job duties.

"This lawsuit reminds employers of their obligation to conduct individualized assessments of a person's ability to perform the essential functions of a job," EEOC Houston Regional Attorney Jim Sacher said.

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U.S. Equal Employment Opportunity Commission