Employer Perceives Disability Rescinds Employment Employee Sues

A disability discrimination lawsuit was filed against KobeWieland Copper Products, LLC (KobeWieland) for failing to hire an individual because of a perceived disability according to the EEOC who brought the suit.

The EEOC’s complaint stated the employer failed to hire the man for a full-time caster position because the regarded him to be disabled. Due to a childhood accident, the man lost fingers on his left hand.

After offering the man a position, the company rescinded the offer when he reported to work and Human Resource Specialist noticed his fingers were missing. The Human Resources Specialist stated he was concerned the potential employee could not do the job because of his missing fingers. (WCxKit)

The complaint further alleges the man explained he could do the job and offered to demonstrate how he could do it, but was not allowed to do so. The EEOC alleges Cardwell is fully qualified for the position and can perform the job, but was denied the job because KobeWieland regarded him as disabled. Assumptions of disability violates the American with Disabilities Act of 1990 (ADA).

The EEOC filed suit in U.S. District Court for the Middle District of North Carolina, Winston-Salem Division (EEOC v. KobeWieland Copper Products, LLC, Civil Action No. 1:10-cv-636), after first attempting to reach a voluntary settlement. In its suit, the EEOC seeks back pay, compensatory damages and punitive damages, and rightful-place hiring, for Cardwell, as well as injunctive and other non-monetary relief. (WCxKit)

“It’s unfortunate that twenty years after the enactment of the American with Disabilities Act, some employers still react to applicants and employees based on myths, fears and stereotypes about a certain impairment that the individual may have," said EEOC Regional Attorney Lynette Barnes of the agency’s Charlotte District Office. "In this lawsuit, the EEOC alleges that rather than allowing the worker the opportunity to show that he could do the job, the company simply revoked the job offer because of his missing fingers."

Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: [email protected] or 860-553-6604.

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