ST. LOUIS (Legal Newsline) — The U.S. Equal Employment Opportunity Commission (EEOC) announced Nov. 21 that a federal judge ruled in its favor in a case against Amsted Rail Co. Inc.
According to allegations, Amsted disqualified job applicants based on results of a nerve conduction test for carpal tunnel syndrome. The EEOC says that assessments should have been done on an individual basis to see if each applicant could safely perform the job functions.
"While Amsted would like to claim it was protecting workers, its practice denied employment opportunities to workers who were ready and able to do the job," said Andrea G. Baran, regional attorney of the EEOC's St. Louis district. "Employment decisions, including hiring decisions, must be based on a person's ability to perform the job, not on stereotypes, assumptions or conjecture. An individualized assessment of the applicant's present ability to safely perform the job duties is required before an employer may screen out an applicant based on medical tests or exams in the hiring process."
The case is still pending. The judge will determine damages and remedies for the allegedly harmed applicants.