Employer Pays Price for Withdrawal of Job Offer after Pre-employment Medical Exam

The Equal Employment Opportunity Commission (EEOC) has settled a case involving allegations that a manufacturing-tooling company violated federal disability law by withdrawing a job offer made to an experienced applicant for an open machinist position.  The offer was withdrawn by C&A Tool Engineering Inc. after a pre-employment medical examination report showed that the applicant had a possible vision impairment related to a congenital eye condition.
 
The EEOC found cause to believe that withdrawal of the offer violated the Americans with Disabilities Act (ADA) and filed suit alleging that withdrawing the job offer based on unsubstantiated stereotypes about a medical condition violates the ADA.  EEOC filed suit in a federal district court in Indiana last March.  During the course of litigation, the parties’ expert ophthalmologists agreed that the applicant had normal vision.
 
A consent decree approved March 3, 2017 requires C&A Tool to pay the employee $35,000 in addition to training managers, drafting a disability policy, and provide periodic reports to the EEOC over a five-year period the instances when it withdraws a job offer based on the results of its post-offer physical examination.  The company is also required to engage in the interactive accommodation process whenever a qualified individual (employee or applicant for employment) with a disability requests a reasonable accommodation and to inform its employees that disability is not a factor to be considered in making any employment decision.