U.S. Equal Employment Opportunity Commission
Texas Staffing Company Failed to Provide Applicant with Reasonable Accommodation and Denied Him Employment Because of His Disability, Federal Agency Charges
RALEIGH, N.C. – G2 Secure Staff, LLC, an Irving, Texas-based staffing company that maintains an office in Raleigh, N.C., unlawfully refused to accommodate a disabled applicant who needed an accommodation during the hiring process and subsequently denied him employment because of his disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
According to the EEOC’s suit, Sharif K. Thompson has end-stage renal disease, a condition in which his kidneys no longer function and he is not able to urinate. The complaint alleges that around May 2010 Thompson applied for and successfully completed all of the requirements for obtaining the position of shift supervisor with the exception of a drug test. Due to the fact that Thompson is not able to urinate, Thompson asked if he could take the drug test using a hair sample rather than a urinalysis as an accommodation for his disability. However, the company failed to provide Thompson the opportunity to take the drug test by hair sample or any other means that would have enabled him to be hired into the position he sought. Consequently, Thompson was denied the job.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which protects employees and applicants from discrimination based on their disabilities. The EEOC filed suit in the U.S. District Court for the Eastern District of North Carolina (Equal Employment Opportunity Commission v. G2 Secure Staff, LLC; Civil Action No. 5:11-cv-475) after first attempting to reach a pre-litigation settlement. The EEOC seeks back pay and compensatory damages and punitive damages as well as injunctive relief.
“Employers have a duty to work with applicants as well as employees who request reasonable accommodations,” said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District, which includes the EEOC’s Raleigh Area Office, where the charge was filed. “Once an applicant has made such a request, he cannot just be ignored. The EEOC will vigorously prosecute cases where the employer refuses to provide a reasonable accommodation that would enable a person to be hired.”
G2 Secure Staff, LLC is a Texas limited-liability company that provides staffing services to companies in the aviation industry and employs over 3,500 associates nationwide.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on the agency’s website at www.eeoc.gov.