Temp Agency Settles ADA Lawsuit Over Illegal Questioning During The Application Process

Now its a temporary staffing agency’s turn to pay up under the Americans With Disabilities Act for asking illegal medical questions of its applicants for hire.

The Equal Employment Opportunity Commission announced yesterday that Two Hawk Employment Services, LLC, which operates a temporary staffing agency based in Lumberton, N.C., agreed to pay $30,000 to settle this ADA lawsuit.

I detailed the allegations in this lawsuit when it was filed in February.

In short, the EEOC accused Two Hawk of violating the ADA asking an applicant illegal medical questions during its application process and then refused to hire the applicant because of her responses to those illegal medical inquiries.

The complaint stated that the form asked applicant Nicole Bullard to identify medical conditions she has or had in the past, as well as to disclose whether she was taking any medications that might affect her ability to perform the essential functions of the job she sought. The form further asked Bullard to state whether she had physical or mental conditions that require accommodation, and whether she had any restrictions in activity. EEOC’s complaint indicates that in response to the application’s questions, Bullard disclosed that she was taking two prescription medications.

Besides the $30,000 payment, the settlement agreement requires that Two Hawk develop an anti-discrimination policy that includes the ADA and its prohibition against disability discrimination.

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