Perceived Disability Lawsuit Settlement

The U.S. Equal Employment Opportunity Commission (EEOC) announced in a March 3, 2010 news release at http://www.eeoc.gov/eeoc/newsroom/release/3-3-10a.cfm that it has settled a disability discrimination lawsuit against a car dealership, resulting in a $32,500 payment to a job applicant and other relief to remedy alleged disability discrimination.  According to the news release, EEOC attorneys charged in the case that the car dealership dopped a job offer after drug test results revealed use of prescription medication.  More specifically, EEOC attorneys asserted that the car dealership reneged on an offer to hire a job applicant as a salesperson only after a urine test revealed he was taking prescribed medication.  The car dealership then erroneously perceived the applicant as too disabled to do the job despite normal medical results and medical authorization to the contrary, the EEOC said.  EEOC attorneys argued that the conduct was in direct violation of the Americans With Disabilities Act of 1990 (ADA).  In this regard, the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including discrimination based upon perceived disabilities.  EEOC attorneys filed the employment discrimination lawsuit in February 2009 on the applicant’s behalf after first attempting to reach a pre-litigation settlement.