Manager assumes disabled applicant can’t do the job
November 3, 2009 by Sam NarisiPosted in: HR Tech, In this week's e-newsletter - Tech
This recent case should give managers a warning not to make assumptions about job candidates based on appearance.
A truck driver applied for a job with a transportation company. During the interview, the hiring manager noticed the applicant had a prosthetic leg. Believing he couldn’t drive a truck safely, the managers didn’t offer him the job.
But despite his impairment, the applicant had a commercial driver’s license from the Department of Transportation, as well as several years of experience as a truck driver.
He sued, claiming disability discrimination.
The company tried to fight the claim but was unsuccessful and ended up settling for $56,500.
The lesson for managers: Don’t make assumptions about disabled applicants. You’re allowed to find out if someone can safely do the job — you don’t need to resort to discrimination.
Cite: EEOC v. KLLM Transport, Inc.
Tags: ada, disability, eeoc
November 11th, 2009 at 11:48 am
Professional truck drivers are required by federal law to pass a physical examination and be certified fit to do the job by a medical doctor. If this driver had his Department of Transportation medical card with him at the time of the interview there should never have been a question as to his fitness to drive. The hiring manager should have known this if he works for a large commercial transportation company like KLLM.