Case details

Job offer rescinded after perceived disability: plaintiff

SUMMARY

$90000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
FACTS
In 2012, claimant Sandra Juarez applied for a surgical scrub technician position at the Sharp Memorial Outpatient Pavilion, a surgical center in San Diego. Juarez was offered the position contingent upon her passing a post-offer medical examination. However, Juarez claimed that after the exam, Sharp rescinded its employment offer due to a perceived disability. Juarez brought a claim against the surgical center’s operator, Sharp Health, through plaintiff U.S. Equal Employment Opportunity Commission. The EEOC then sued Sharp Health, alleging that Sharp Health’s actions constituted violations of the Americans with Disabilities Act. The EEOC claimed that Juarez never informed Sharp Health that she was disabled and that she never requested a reasonable accommodation from Sharp Health. It claimed that, regardless, Sharp Health regarded Juarez as disabled due to a minor ankle ailment that would not have affected her job performance. The EEOC alleged that Juarez’s ankle ailment had never affected her job performance during her 20-year employment history as a surgical scrub technician prior to 2012 and that Juarez was even able to be hired into the same position at another medical facility after Sharp Health rescinded its employment offer. Counsel for Sharp Health contended that Juarez was not able to perform the essential functions of the position, with or without reasonable accommodation, and that Sharp Health lawfully rescinded the job offer. Counsel also asserted that Sharp Health is committed to equal employment opportunities for all employees and applicants, and has policies and procedures in place to ensure compliance with all equal opportunity laws and regulations., Although she was eventually able to be hired into the same position at another medical facility after just a few months, Juarez sought recovery for back pay for the months she was unemployed. She also sought recovery of compensatory and punitive damages.
COURT
United States District Court, Southern District, San Diego, CA

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