SIOUX FALLS, S.D. (Legal Newsline) — The U.S. Equal Employment Opportunity Commission (EEOC) has announced a lawsuit against M.G. Oil Company, operators of Happy Jack’s Casino in South Dakota, for allegations for disability discrimination.
According to the EEOC, Kim Mullaney applied for and received an offer of employment for a position at Happy Jack’s Casino and then took a routine drug test before beginning the job. After the test, the casino purportedly reneged on the job offer, alleging the test had come back positive.
Mullaney told Happy Jack’s Casino the test was positive due to prescription drugs she took for a disability and that she could provide additional information if needed, EEOC charges. The casino, however, allegedly refused to hire her. Purported conduct of this nature violates the Americans with Disabilities Act.
"Employers cannot refuse to hire someone simply because she takes prescription drugs," said John Hendrickson, regional attorney for EEOC's Chicago District Office.
"Ms. Mullaney would have provided Happy Jack's with all the information that it needed to assure itself that the drugs were lawfully prescribed. There is nothing happy about Happy Jack's ignoring the information before its eyes. To the contrary, it is very, very sad."