Women Denied Jobs After They Were Spotted Using Sign Language
Company must pay $110,000 as part of settlement
Many people may believe that it’s too difficult to pursue an action
against a company they’ve never worked for. Therefore, hiring discrimination
may frequently go unchallenged.
However, a recent case shows that it’s definitely worth your time
to speak to an attorney if you believe that you’ve been denied employment
for an unlawful reason.
Told they wouldn’t be hired
Katelynn Baker and Tia Rice hoped to get jobs in the cell phone repair
facility run by S&B Industry. They arrived at the company’s
facility to participate in a group interview.
During the interview, Baker and Rice used American Sign Language to communicate
with each other.
The two women later met with a supervisor. In that meeting, they requested
written information about the available positions. The supervisor provided it.
However, not long after that, the supervisor suddenly stopped writing information
for the women. Baker and Rice were told that they wouldn’t be hired.
The women complained to the Equal Employment Opportunity Commission (EEOC),
which sued on their behalf.
Ultimately, the company agreed to settle the case rather than defend its
actions in front of a jury. It must pay the women $110,000.
Entitled to accommodations
Under federal law, individuals who are covered by the Americans with Disabilities
Act (ADA) are entitled to reasonable accommodation during the job application
process, unless the company can show that doing so would create an undue hardship.
An undue hardship may be something that requires significant difficulty
or expense to implement.
In general, things like writing down instructions would not be considered
an undue hardship.
Of course, it’s important to note that job applicants who are covered
by the ADA must be able to meet the employer's requirements for the
job. That can include things like:
- employment experience
- skills, and
Disabled job applicants must also be able to perform the essential functions,
or core duties, of the job either with or without accommodation.
The ADA applies to private employers with 15 or more employees, as well
as to state and local government employers.
Remember, employers cannot refuse to consider disabled job applicants because
they requested a reasonable accommodation.
Call us for a consultation now
If you believe that you were unfairly denied employment because of a disability,
it’s a good idea to consult an attorney.
Call or email us today to discuss your unique situation.