An applicant was initially encouraged to apply for an instructor position with Pace Solano, a disability services provider in Solano County, by an employee who thought the applicant would work well with Pace Solano’s developmental disability clientele. The applicant successfully completed all tests and was cleared to do the job by Pace Solano’s own occupational health provider, but Pace Solano later refused to hire the applicant due to her partial paralysis in the left hand. As a result, the applicant filed a complaint with the U.S. Equal Employment Opportunity Commission. After first attempting to reach a pre-litigation settlement through conciliation efforts, the EEOC sued Pace Solano, alleging disability discrimination in violation of the Americans with Disabilities Act. The EEOC alleged that Pace Solano wrongfully withdrew the job offer after the applicant disclosed during the pre-employment physical exam that she has partial paralysis in her left hand. It contended that the applicant could perform all the essential functions despite having partial paralysis of her left hand and that the company could not satisfactorily mount a “direct threat” defense. Pace Solano asserted that despite the applicant having passed the tests administered by its occupational health provider, it determined that the applicant would pose safety issues and would be “a direct threat” in working with the company’s disabled clientele., The EEOC sought recovery for the applicant’s lost wages and benefits, front pay in lieu of reinstatement or instatement, monetary damages for the applicant’s emotional distress, and punitive damages.