Beyond Adversity

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Refusing to Hire People with Disability

2016-0203 Refusing to Hire People with Disability

PHILADELPHIA – P.H. Glatfelter Company, a global paper manufacturer headquartered in York, Pa., will pay $180,000 and provide significant equitable relief to settle a federal disability discrimination lawsuit, the U.S. Equal Employment Opportunity Commission (EEOC) announced.

EEOC charged that Glatfelter required all individuals who applied for or worked in positions involving operation of forklifts or similar motorized industrial equipment to undergo a medical exam­ination and pass a U.S. Department of Transportation (DOT) physical qualification standard for the operation of commercial motor vehicles. Federal law does not require drivers of forklifts or similar equipment to pass the DOT standards for commercial motor vehicles. According to the suit, Glatfelter nonetheless applied the DOT standards in a manner that screened out qualified individuals with disabilities.

EEOC further maintained that Glatfelter failed to conduct individualized assessments of applicants’ and employees’ ability to operate the equipment at issue or to determine whether a reasonable accommodation would enable them to do so. EEOC said that Glatfelter rescinded job offers to two qualified applicants with disabilities, Charles Stevens and Sarah Stine, in violation of the Americans with Disabilities Act of 1990 (ADA).

In addition to the $180,000 in monetary relief to Stevens and Stine, the three-year consent decree resolving the lawsuit enjoins Glatfelter from violating the ADA in the future. Pursuant to the decree’s requirements, Glatfelter must revise its qualification standard to ensure that it is job-related and consistent with business necessity and includes an individualized assessment of a candidate’s ability to do the job, with or without reasonable accommodation. Glatfelter will also post a notice about the settlement at all of its production facilities.

In addition to the monetary relief, the settlement provides for ADA-compliant qualification standards and otherwise ensures that appli­cants and employees will not be discriminated against based on disability.”

EEOC enforces federal laws prohibiting employment discrimination. Further information about the agency is available at its website, www.eeoc.gov.

My Opinion

I am not an attorney, and I was not involved with the lawsuit or settlement. I just want everybody to realize discrimination against people with disabilities is currently practiced.

Credit

Click here to read another Beyond Adversity post.

Thanks to all people involved in successfully prosecuting the case; all people who wrote and/or distributed the press release; Google for helping me find the EEOC press release; all the people who, directly or indirectly, made it possible for me to include the picture and text in this post.

Scott
Even after brain surgeries, chemotherapy, and radiation treatments to eradicate his brain cancer, Scott continued to work; continued to study; and earned professional certifications from the Project Management Institute, American Society of Quality, and Stanford University School of Professional Development. How were all of these achievements possible at a time when Scott was struggling with the hurdles of brain injury? The answers are in this blog.


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**** About The Author ****

During the past 13 years, I have been diagnosed with cancer, brain injury, balance issues, stroke, ataxia, visual impairment, and auditory challenges. I have overcome significant adversity! I can explain how to overcome your challenges. I am a very active Toastmaster and a motivational speaker.