Vision Impairment Disability Bias Case

The Equal Employment Opportunity Commission (”EEOC”) announced in a July 22, 2009 Press Release that the agency filed a disability discrimination lawsuit against a Kentucky area frozen food distributor alleging that the company violated federal law by refusing to hire a qualified applicant for a job because of the applicant’s vision impairment.  See, http://www.eeoc.gov/press/7-22-09a.html .  EEOC attorneys charged in the lawsuit that the visually impaired applicant had successfully performed the duties of a temp-to-hire bakery laborer for approximately two and a half months when he applied for a permanent position.  According to the EEOC Press Release, he received a job offer contingent upon passing a physical exam, but, based on the vision portion of the exam, he was deemed unqualified for the permanent bakery laborer position, even though he was already successfully performing the job on temporary basis.  In its lawsuit, the EEOC charges that he was never hired on a permanent basis because of his disability.  Such alleged conduct violates Title I of the Americans With Disabilities Act (”ADA”) and Title I of the Civil Rights Act of 1991.  The EEOC is seeking back pay, compensatory and punitive damages, as well as other relief.  An EEOC attorney was quoted in the Press Release as saying that “It is unlawful for employers to deny qualified individuals with disabilities the opportunity to compete for jobs on a level playing field.”

The EEOC enforces federal laws prohibitng employment discrimination and further information about the EEOC is available at www.eeoc.gov .