Age discrimination is prohibited by the federal Age Discrimination in Employment Act of 1967, which shields workers 40-and-older from suffering discrimination in any aspect of employment on the basis of older age. Disability discrimination violates the Americans With Disabilities Act, which protects workers from unfavorable treatment due to either a history of disability (i.e., cancer that is in remission or controlled) or a belief that one has a non-transitory physical or mental impairment (whether or not that belief is founded).
Recently, an oil drilling company in Oklahoma was served with a complaint from the Equal Employment Opportunity Commission (EEOC) alleging the company violating both the ADEA and the ADA. The company allegedly refused to hire applicants who were either over 40 or who had a history of filing claims for benefits under workers’ compensation insurance.
The EEOC alleges the company used the information gleaned from applications for employment in order to carry out the discrimination. The employment lawsuit also seeks compensation for a specific applicant who was required to undergo a post-offer medical examination. Based on the findings of that examination, the company withdrew its job offer. Both the act of compelling the exam and withdrawing the job offer on the basis of that exam were unlawful, the EEOC asserts. Continue reading