The Floyd Law Firm PC is committed to helping both employers and employees understand and comply with the Americans with Disabilities Act (ADA). The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination.
The EEOC’s Increased Scrutiny of Qualification Standards
The Equal Employment Opportunity Commission (EEOC) consistently reviews and takes a closer look at how employers use employment qualification standards – including medical requirements, tests, and training programs. The goal is to ensure these standards do not unfairly screen out qualified individuals with disabilities.
Some of the recent cases that can be used as examples include:
Union Pacific Railroad’s use of a “light cannon test” for locomotive engineers. The test, according to the EEOC, didn’t accurately assess job requirements and led to the termination of employees based on perceived disability.
Alliance Ground International, a cargo handling company, faced an EEOC lawsuit for refusing to hire a qualified deaf applicant due to assumptions about his ability to work safely. The EEOC argued that reasonable accommodations could have been made.
Walmart was sued by the EEOC for allegedly firing employees with disabilities who failed a post-hire training course unrelated to their actual job duties.
What Employers Should Do
If your company uses qualification standards, it’s crucial to have an employment law attorney review them. This can help to ensure that the standards and workplace hiring criteria are in compliance with the ADA and do not unfairly disadvantage qualified individuals with disabilities.
Employees with disabilities face far too many obstacles in life, and the workplace should not be one of those obstacles. Employees with disabilities who are successfully performing their jobs should be commended, not terminated. ~ Edmond Sims, acting district director of the EEOC’s Memphis District Office
The Floyd Law Firm PC: Trusted Counsel for Businesses of All Sizes
We can advise you on following the laws and guidelines regarding the proactive steps that almost all employers can take.
- Ensure your qualification standards are ADA compliant by having an employment law attorney conduct a review.
- Develop lawful employment qualification standards that meet or exceed the requirements of the EEOC.
- Assess the impact that existing workplace standards may have on individuals with disabilities.
- Implement reasonable accommodations for qualified employees with disabilities so that they can thrive in your workplace.
Our experienced legal team offers practical solutions across employment and business matters, empowering both large and small businesses to thrive. Contact us today for information on how you may create a workplace that is fair and inclusive for all. If you are fortunate enough to be hiring new employees for your growing business, make sure that your business is not faced with a future lawsuit at the same time. Maintain a clear focus on each position’s job skills, qualifications, and expectations to make the entire hiring process as clear and objective as possible.
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