A man with a knee impairment applied for a job as a phlebotomist at a private regional medical center that operates five general hospitals in Charlotte, N.C. and the surrounding area.
In 2009, the applicant received medical clearance to participate in a phlebotomist training program at a community college in Charlotte. As part of the program, he completed a seven-week phlebotomist internship with one of the largest health care institutions in North Carolina.
On completion of the program, he applied for and was offered a permanent position with the company as a phlebotomist, pending a health screening exam. He disclosed the knee impairment during the health screening and provided his related medical records. The employee claimed the company then rescinded its job offer.
After investigating the applicant’s claims, the Equal Employment Opportunity Commission filed a lawsuit against the health care company in March 2013. The EEOC alleged the applicant was fully qualified for the position and could perform its duties, but was denied hire simply because the company perceived him to be disabled as a result of his knee injury.
A regional attorney for the EEOC’s Charlotte office said that the EEOC is fully committed to its responsibility to enforce the ADA and combat disability discrimination. Unfortunately, more than 20 years after the enactment of the ADA, too many employers hold impairments against applicants when those impairments don’t inhibit their ability to perform the jobs they seek.
The California law firm of Faunce, Singer and Oatman has successfully handled thousands of cases of employment discrimination and employee harassment. If you feel you have been harassed, or discriminateed against, please contact Faunce, Singer and Oatman at 1-800-874-2284.
Faunce, Singer & Oatman
Fighting for the Rights of Disabled Public Employees