Judge Rules Against Employer that Required Job Applicants to Fill Out Health History

Friday, June 10, 2016

A federal judge ruled in favor of the U.S. Equal Employment Opportunity Commission (EEOC) on June 8, 2016 that a Mountain Grove, Mo., farm violated two federal laws by requiring all job applicants to fill out a health history before they would be considered for a job.

According to EEOC's lawsuit, Phillip Sullivan, a retired law enforcement officer who sought employment with Grisham Farm Products, Inc., was told by the company that if he did not fully complete and submit a three-page health history form with his application, he would not be considered for any job.

Such alleged conduct violated the Americans with Disabilities Act (ADA) because it requested information that could cause an applicant to identify himself or herself as a person with a disability. It also violated the Genetic Information Nondiscrimination Act (GINA), which prohibits employers from requesting or requiring genetic information, including medical histories from applicants, except in limited circumstances. Finally, EEOC alleged, Grisham Farm failed to maintain or retain employment records and applications for employment, as required by law.

EEOC filed its lawsuit (Equal Employment Opportunity Commission v. Grisham Farm Products, Inc., Civil Action No. 6:16-CV-3105 MDH) in March in U.S. District Court for the Western District of Missouri, Southern Division, after first attempting to reach a pre-litigation settlement through its conciliation process.

Judge H. Douglas Harpool agreed with EEOC on all its allegations.

In addition to declaring that Grisham Farm violated the law and ordering it to implement policies and practices to prevent discrimination, Judge Harpool ordered the farm to pay Sullivan $10,000 in damages. Finally, Judge Harpool held that EEOC has the authority to enforce the court's judgment for five years.

Login to read more.


Username: *

Password: *
Accept terms *
Login failed.
copyright 2000 - 2024 Curtis Communications, Inc. All rights reserved. | Access to the HR Care publications is subject to certain terms and conditions.
Learn about our online compliance training at www.hrclassroom.com