Dollar General rescinded job offers to applicants based on conditions not clearly aligned with essential functions of the job. They rescinded job offers made to individuals with high blood pressure and poor eyesight.
Workers say they were weeded out due to medical conditions that did not impact their ability to do the job. Dollar General rescinded job offers to applicants with high blood pressure and poor eyesight: Lawsuit
Dolgencorp, a subsidiary of Dollar General, has agreed to pay $1 million to settle a shocking lawsuit brought by the Equal Employment Opportunity Commission (EEOC). The suit alleged that Dollar General’s hiring process violated the Americans with Disabilities Act (ADA) and the Genetic Information Non-Discrimination Act (GINA) in a number of ways.
The EEOC sued on behalf of 498 applicants, and claimed that, after making job offers to work at its distribution facility in Bessemer, Alabama, the corporation required applicants to pass employment medical screenings. Dollar General then allegedly used the information to weed out applicants based on certain medical criteria, even rescinding job offers for applicants whose blood pressure tested above 160/100, or who had less than 20/50 vision in one eye.
The information was used to dismiss applicants even though the findings did not impact their ability to do the job they were applying for, the suit claimed.
Drug testing, a list of current medications being taken, vital signs, and more were also part of the exams.
According to a press release, the company stopped requiring the invasive exams shortly after the filing. In addition to the settlement amount, the company agreed to review and revise its ADA and GINA policies, train staff on the procedures, and require that medical staff not inquire about applicant’s families’ medical history.
“The ADA protects job applicants from being denied employment because of a disability as long as they can perform the job with or without an accommodation,” said Marsha Rucker, regional attorney for the EEOC’s Birmingham district, in a statement. “Employers cannot deny employment solely based on stereotypes about the abilities of individuals with certain impairments.”
ALWAYS Consult competent legal counsel when drafting hiring process procedures.
Linking a job description with the essential functions of the job is crucial for several reasons:
- Clarity and Expectations: It provides clear expectations for both the employer and the employee. By outlining the essential functions, employees understand their primary responsibilities and what is expected of them.
- Legal Compliance: It helps ensure compliance with employment laws, such as the Americans with Disabilities Act (ADA). The ADA requires employers to define the essential functions of a job to determine reasonable accommodations for employees with disabilities.
- Performance Evaluation: It serves as a basis for performance evaluations. By linking job descriptions to essential functions, employers can objectively assess an employee’s performance and identify areas for improvement.
- Recruitment and Hiring: It aids in the recruitment and hiring process by providing a clear understanding of the job requirements. This helps attract qualified candidates who possess the necessary skills and abilities to perform the essential functions.
- Training and Development: It guides the development of training programs. By knowing the essential functions, employers can design training that focuses on the skills and knowledge needed to perform the job effectively.
- Risk Management: It helps manage risks by ensuring that employees are capable of performing the essential functions safely and effectively. This is particularly important for safety-sensitive positions.
In summary, linking a job description with the essential functions of the job ensures clarity, legal compliance, effective performance evaluation, targeted recruitment, focused training, and risk management.
James P. Randisi, President of Randisi & Associates, Inc., has been helping employers protect their clients, workforce and reputation through implementation of employment screening and drug testing programs since 1999. This post does not constitute legal advice. Randisi & Associates, Inc. is not a law firm. Always contact competent employment legal counsel. To learn more about the rights of employees who test positive for marijuana, Mr. Randisi can be contacted by phone at 410.336.0287 or Email: info@randisiandassociates.com or the website at Randisiandassociates.com
