Case details

Applicants were subjected to illegal medical inquiries: EEOC

SUMMARY

$187500

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
FACTS
In 2010, a temporary agricultural worker applied for a full-time permanent dispatcher position in Long Beach. The applicant was informed that he would be considered for hire after taking a physical examination and drug test. However, the applicant claimed the medical examination solicited illegal medical and genetic information from him, unrelated to the job. He claimed that although he was allowed to continue working as a temporary worker in the dispatcher position pending the results of the test, he was ultimately denied hire due to his perceived disability. The applicant subsequently brought the matter to the United States Equal Employment Opportunity Commission and, in 2013, the EEOC sued All Star Seed, which was doing business as Eight Star Commodities, Green Touch Fertilizer, and All Star Seed Co.; and affiliated entities La Valle Sabbia Inc., which was doing business as Eight Star Equipment and Eight Star Logistics, and Abatti, which was doing business as Abatti Cos. The EEOC alleged that the defendants subjected job applicants to illegal medical and genetic information inquires in violation of federal laws. The EEOC contended that the El Centro-based agricultural companies, which operated as a single employer, required job applicants to undergo physical examinations and fill out health questionnaires as a condition of employment and that the questionnaires contained improper inquiries about the applicants’ medical conditions and family medical histories, also known as genetic information. The EEOC also contended that the medical examination solicited disability-related information and family medical history unrelated to the job. It claimed that at least three other class members underwent similar inquires, despite being ultimately hired, but that at least one applicant was denied hire as a result. The EEOC claimed the applicant was denied hire due to his perceived disability even though the prior condition had no correlation to the work he was already successfully performing as a temporary worker. In addition, the EEOC contended that the defendants failed to adequately maintain the confidentiality of the medical and genetic information, permitting such information to be unlawfully commingled with non-confidential personnel files. Thus, it asserted that the defendants’ conduct violated the Americans with Disabilities Act and the Genetic Information Non-Discrimination Act. The defendants denied all of the EEOC’s allegations., The EEOC sought recovery of compensatory damages as a result of the ADA and GINA violations.
COURT
United States District Court, Central District, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case