Indiana School District Pay $70K to Resolve Disability, Age Discrimination Case

An Indiana school district will pay up to $70,000 and furnish other relief to resolve a federal disability and age discrimination charge, according to the U.S. Equal Employment Opportunity Commission (EEOC).

The EEOC said an investigation found reasonable cause to believe that the School City of Hammond, located in Hammond, Ind., subjected employees to impermissibly broad and comprehensive medical exams after absences of seven days.

For at least one employee who was given this test and failed, the school did not consider any reasonable accommodations. Additional evidence showed that applicants were subjected to pre-employment medical screens called Pre-Work Screen exams. Also, evidence showed that the school commingled medical information in personnel files. These actions were in violation of the Americans with Disabilities Act (ADA).

The EEOC’s investigation also found reasonable cause to believe that the school treated substantially younger employees more favorably than at least one older employee when it allowed younger employees to return to work after they failed the return-to-work physical examination. The older employee was required to retire or retake the physical exam. These actions were in violation of the Age Discrimination in Employment Act (ADEA).

The school chose to voluntarily resolve the matter with the EEOC, without an admission of liability, to avoid an extended dispute.

The conciliation agreement provides relief to individuals subjected to the pre-employment medical screens and to the person who filed a charge with the EEOC. The agreement also calls for the school to provide additional written guidance and training to employees involved in the pre-employment, post-conditional offer medical exam process, along with training on the ADA and ADEA to the appropriate staff.

Source: EEOC

Topics Education