$106K Settlement Concludes ADA Suit Alleging Medical Exam Cost Applicant Permanent Job

It took more than a year to wrap up, but the Equal Employment Opportunity Commission this week obtained recompense for a job applicant who was denied a permanent job with an Oklahoma company allegedly on the basis of a questionable use of information obtained during preemployment medical exam.

The EEOC filed this Americans With Disabilities Act lawsuit in February 2016 against UPCO Claremore, an Okla.-based manufacturer of sucker rods and accessories for the oil and gas industry,

According to the EEOC’s lawsuit, Lydia Summers began working as a temporary receptionist and assisting in the accounting department. After five months, UPCO made Summers a conditional offer of full-time, permanent employment, conditioned on Summers passing a pre-employment medical exam conducted by a third-party vendor. Following the exam, the vendor’s physician, who never examined or questioned Summers, refused to approve her for employment with UPCO because of the supposed side effects of her prescription medications. Even after Summers provided UPCO with a letter from her personal physician stating that she was not impaired by her medications, UPCO rescinded its job offer, the EEOC alleged.

The EEOC announced yesterday that UPCO has settled the lawsuit for $106,000.

To learn more about what’s allowed in preemployment examinations under the ADA, click here.

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