MACON, Ga. — A Georgia stored energy component manufacturer faces a lawsuit by the U.S. Equal Employment Opportunity Commission (EEOC) for allegedly revoking a job offer to an applicant due to his chronic kidney disease.
According to the EEOC lawsuit filed in the U.S. District Court for the Middle District of Georgia, Exide Technologies offered a machine operator position to an applicant and then took back the offer after the applicant's required "post-offer company physical " revealed the applicant's kidney disease.
"An employer cannot refuse to hire a qualified applicant simply because of fears about a disability," EEOC Atlanta District Office regional attorney Antonette Sewell said in a statement. "The employer is required to first do an independent analysis about whether the employee's disability poses a direct threat of harm to himself or others. Rescinding a disabled applicant's job offer based on assumptions about the person and his disability violates federal law, and the EEOC is here for the rights of victims of such baseless discrimination."
"The EEOC is committed to stopping workplace disability discrimination in Georgia and across the country," added EEOC Atlanta Office district director Bernice Williams-Kimbrough. "Under the Americans with Disabilities Act, employers are not permitted to deny an employment opportunity to a person with a disability based on generalized fears and assumptions."
The EEOC seeks the restoration of the job offer, back pay, compensatory and punitive damages.