EEOC charges Phoenix staffing agency with disability discrimination against job applicants

By Mark Iandolo | Sep 22, 2017

PHOENIX (Legal Newsline) - The U.S. Equal Employment Opportunity Commission (EEOC) announced a lawsuit Sept. 19 against Phoenix staffing agency All Star Priority Staffing LLC for allegations of forcing applicants seeking temporary employment to fill out an invasive medical questionnaire before they could receive job offers.

"In today's economic climate, a sizable percentage of the workforce relies on staffing agencies such as All Star to find employment," EEOC Phoenix District Office regional attorney Mary Jo O'Neill said. "This reality led the EEOC to place an emphasis on protecting the civil rights of temporary workers and applicants. This case demonstrates the EEOC's commitment to protecting those workers."

According to the EEOC, All Star’s application process involved a medical questionnaire that sought information from applicants about their use of medications, history of illnesses and previous injuries. Alleged conduct of this nature violates the Americans with Disabilities Act. The EEOC seeks back pay and compensatory and punitive damages, as well as injunctive relief against All Star to prevent future discrimination.

"Pre-offer medical questioning can have the effect of chilling individuals from applying for employment,” said Elizabeth Cadle, director of the EEOC's Phoenix District Office. “The EEOC will continue to fight to protect applicants from being exposed to illegal medical questioning."

EEOC's Phoenix District Office oversees agency operations in Arizona, Colorado, Utah, Wyoming and parts of New Mexico.

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