On Monday, April 20th, 2009, the Equal Employment Opportunity Commission (EEOC) filed suit on behalf of a disabled job applicant, alleging that a United States Steel Corporation (USCC) plant in Gary, Indiana rescinded a job contract because of his disability. This alleged act, if proven true, would be in direct violation of the Americans with Disabilities Act (ADA).
No Settlement Out of Court
Initial attempts to reach a voluntary settlement arrangement outside of court were not successful. As the case of EEOC vs. U.S. Steel heads to District Court in Northern Indiana, legal experts across the country will tune in to gauge whether the matter will hold implications for other disability discrimination cases.
Hired… Then Not
The suit alleges that the applicant had sailed through the hiring process and had in fact been offered a position, when medical test results revealed his disability. Abruptly following this revelation, U.S. Steel rescinded its offer without explanation.
Punitive Damages Sought
The plaintiff is seeking punitive damages as well as damages to compensate for loss of current and potential income. In addition, the EEOC is going after an injunction to prevent the USCC from engaging in the future in discriminatory tactics against people with disabilities.
Case Part of a Trend?
This legal action is just the latest in a series of blows against U.S. Steel and other mid-Atlantic industrial companies, which have been savaged both by competition from global competitors and by the current mega-recession.
USSC One of Many on EEOC’s Hit List
U.S. Steel Corp. has not been the only company on the EEOC’s target list this week. As part of a wide-ranging push against job discrimination and retaliation across the country, the commission has, within just the last eight days:
• Filed a pregnancy discrimination suit against an Arkansas based management firm;
• Published a primer detailing best practices for employers who wish to avoid promoting a “culture of discrimination” within the workplace;
• Pressured a North Carolina firm to settle a high profile sexual harassment and discrimination matter for five figures.
The attorneys at Joseph & Kirschenbaum boast tremendous experience litigating similar disability discrimination matters. If you’d like help with your case, we offer free consultations. Contact us today through our hotline or website to find out more.