The U.S. Equal Employment Opportunity Commission (EEOC) has ruled in favor of nine clients of Lebau & Neuworth, all of whom worked for a Maryland-based beer distributorship as a driver or warehouse worker.
The distributorship was sold to an out-of-state employer who refused to continue to employ the nine workers because of their workers’ compensation history. However, the Americans with Disabilities Act (ADA) makes it unlawful to screen out workers because of past workers’ compensation claims and/or from concerns of future workers’ compensation claims.
The EEOC ruled fully in favor of the workers, who combined had more than 130 years of employment with the distributorship. The EEOC District Director ruled:
“I find that Respondent subjected Charging Party and a class of individuals to unlawful disability inquiries since at the pre-offer stage an employer may not inquire about an applicant’s prior workers’ compensation history. That the information was obtained from a public website is irrelevant since an employer may not obtain from third parties any information that it could not lawfully obtain directly from the applicant. I further find that Respondent failed to hire Charging Party and class of individuals based on their disabilities, in violation of the ADA.”
Since the positive ruling from the EEOC, Lebau & Neuworth has filed a lawsuit in the U.S. Federal Court in Maryland. The Complaint seeks reinstatement, lost wages and benefits, compensatory and punitive damages, and an award of attorney fees and costs.
Click here to see the Complaint
If you think your employer has violated your rights, contact Lebau & Neuworth at (410) 296-3030 immediately. We will protect you.
