by The Equal Employment Opportunity Commission (EEOC) recently announced its settlement with a major retail chain regarding violations of the Americans with Disabilities Act (ADA) and the Genetic Information Non-Discrimination Act (GINA). In its October 19, 2023 press release, the agency described a settlement with the retailer doing business as Dollar General, under which the company will pay $1 million and make changes to its hiring processes. The underlying claims are based on the company’s practice of requiring applicants to divulge the medical conditions of family members and using other qualification criteria that screened out qualified individuals with disabilities.
The EEOC had sued the company on behalf of a class of almost 500 job applicants at an Alabama distribution center and others who had had job offers rescinded. According to the lawsuit, after making job offers, the company required candidates to pass a pre-employment medical exam during which they were required to describe whether family members had past or present medical conditions such as cancer, diabetes, and heart disease. The agency also alleged the company used qualification criteria that screened out qualified individuals with disabilities, such as rescinding job offers to applicants with blood pressure exceeding 160/100, even though the identified impairments did not prevent the applicants from safely performing the job.
Under the consent decree ending the lawsuit, the company, in addition to paying $1 million, must:
- Provide annual training on the ADA and GINA to all managers and others involved in the hiring process;
- Post a notice to employees on their ADA and GINA rights;
- Post a notice to employees on how to file a charge of discrimination with the EEOC;
- Revise its policies to comply with the ADA and GINA;
- Distribute the revised policies to all those involved in the hiring process;
- Prohibit its medical examiners from requesting family medical history;
- Consider the medical opinion of an applicant’s personal physician regarding questions about the applicant’s relevant medical condition; and
- Proactively inform applicants how to request a reasonable accommodation if needed.
The agency will be monitoring company compliance with the terms of the consent decree over the next 27 months. EEOC representatives stated that requiring applicants to answer invasive questions about the medical conditions of relatives violates GINA. It emphasized that employers are prohibited from soliciting the information, regardless of whether the information is used to deny employment.
For more information on the consent decree, see https://www.eeoc.gov/newsroom/dollar-general-pay-1-million-settle-eeoc-disability-and-gina-lawsuit.
