The Equal Employment Opportunity Commission announced that Elwood Staffing will pay $77, 500 to settle a disability discrimination lawsuit.
Staffing Company Rescinded Job Offer For Applicant With One Hand, Federal Agency Charges
OREM, Utah – An Orem, Utah branch of Elwood Staffing Services, a nationwide staffing company, will pay $77,500 and furnish other relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
The EEOC alleged in its suit that Elwood Staffing rescinded a conditional job offer because the applicant does not have a left hand. Elwood Staffing did not provide any reasonable accommodations to the applicant, the EEOC alleged, and then chose not to hire her because of her disability and/or her need for an accommodation.
This alleged conduct violates the Americans with Disabilities Act (ADA). The EEOC filed suit in U.S. District Court for the District of Utah, Central Division (EEOC v. Elwood Staffing Services, Inc., Case No. 2:21-cv-00498-JCB) after first attempting to reach a pre-litigation settlement through its conciliation process.
In addition to $77,500 in damages, the two-year consent decree settling the suit requires Elwood Staffing’s Utah locations to revise their anti-discrimination policies, promptly and thoroughly investigate complaints of disability discrimination, train all employees including temporary associates on antidiscrimination, and provide reports on training, complaints of discrimination, and any revisions to policies and procedures to the EEOC.
“The EEOC is committed to eliminating barriers in recruiting and hiring,” said EEOC Phoenix District Office Regional Attorney Mary Jo O’Neill. “Employers, including staffing agencies, must engage in the interactive process with prospective employees instead of making assumptions about an applicant’s abilities.”
The acting district director of the EEOC’s Phoenix District Office, Melinda Caraballo, said, “Disability antidiscrimination training for temporary associates, like the training required by this consent decree, is critical in helping new employees understand their federal rights. I am pleased we were able to reach a resolution in this matter.”
The EEOC’s Phoenix District Office has jurisdiction for Arizona, Colorado, Utah, Wyoming, and part of New Mexico.
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.