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A Dallas-based trucking company violated federal law when it refused to hire applicant after learning he had taken medical leave at a previous job, according to a lawsuit filed by federal employment officials.
Stevens Transport Inc., a refrigerated transport carrier that services major companies in need of over-the-road trucking, violated federal law by discriminating against an applicant based on his disability, hyper-tension, and because it regarded him as disabled, the U.S. Equal Employment Opportunity Commission (EEOC) charged in its lawsuit. The EEOC’s suit also alleges that Stevens Transport violated the law when it asked the applicant a disability-related question before an offer of employment was made.
According to the EEOC’s lawsuit against Stevens Transport, the applicant applied to work for the company in August 2019. During his interview, the applicant was asked whether a gap in his employment reflected on his resume was related to a medical reason. That question led the applicant to disclose that he had been diagnosed with hypertension in a previous job, which caused him to require medical leave.
The EEOC’s suit alleges that Stevens Transport did not hire him because he disclosed his prior use of medical leave during the job interview.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which protects employees from discrimination based on their disabilities and limits an employer’s ability to make disability-related inquiries.
The EEOC filed suit, Civil Action No. 3:21-cv-02272, in U.S. District Court for the Northern District of Texas, Dallas Division, after first attempting to reach a pre-litigation settlement through its conciliation process.
In this case, the EEOC seeks back pay and compensatory and punitive damages, as well as injunctive relief, including an order barring Stevens Transport from engaging in discriminatory treatment in the future.
Source: EEOC