Can your company afford a payout of $1 million in a potential lawsuit?
Loukisha Preyear, EdD
Experienced Corporate Trainer: Empowering Teams for Excellence through Innovative Learning
While reading current Human Resources literature, I came across an article regarding the Dollar General store in Alabama. Dollar General has reached a settlement with the U.S. Equal Employment Opportunity Commission (EEOC) in a lawsuit regarding its hiring process. As part of the settlement, Dollar General will pay $1 million and provide other forms of relief. The lawsuit alleged that Dollar General's hiring process violated the Americans with Disabilities Act (ADA) and the Genetic Information Non-Discrimination Act (GINA).
?According to the lawsuit, Dollar General required applicants at its Bessemer, Alabama Distribution Center to undergo a pre-employment medical exam. During this exam, applicants were asked to disclose both past and present medical conditions affecting their family members, including cancer, diabetes, and heart disease. The EEOC also claimed that Dollar General implemented qualification criteria that unjustly excluded individuals with disabilities who were otherwise qualified. ?
Dollar General, for instance, revoked employment offers to candidates whose blood pressure exceeded 160/100 or who had less than 20/50 vision in one eye, regardless of whether these limitations hindered their safe performance of the job duties.
Regrettably, the article does not come as a surprise. During my time as an EEO Counselor, I encountered numerous instances where managers would inquire about the marital status or disabilities of interviewees. It is evident that many leaders lack familiarity with the proper procedures.
This case serves as a prime illustration of the importance of ensuring that managers, HR teams, and hiring officials possess a comprehensive understanding of the onboarding process. Should you require assistance with employee onboarding training or HR Training Sessions, please reach out to me or P.A.S.T. Training, LLC
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