Appeals Court Maintains Verdict on Discrimination of Hearing Impaired Applicant

In Tennessee as well as across the United States it is against the law to discriminate against an employee or potential employee because of age, gender, sexual orientation, or disability. Unfortunately however, many companies and businesses find ways around these laws and discriminate against these employees anyway. If you have a disability and where not hired or where discriminated against on the job because of your disability, then you need to talk to a Tennessee employment and ADA lawyer right away. They will hear your case and work with you to make sure that you get the compensation you deserve for what you have been through.

In this lawsuit, Service Temps refused to hire a female applicant for a stock clerk job after learning that she was hearing impaired. The applicant had explained using a sign-language interpreter that she was qualified for the position and had many years of store clerk experience; however, the company would not interview her or consider her for the position. A manager at the company even stated that the woman who not be hired because she could not hear.

The EEOC filed the lawsuit in district court claiming that the company was in violation of the Americans with Disabilities Act which prohibits disability discrimination and requires employers to make reasonable accommodations for employees and applicants as long as there is no undue hardship. A pre-litigation settlement was not reached. In September of 2010, a jury made a decision that the company was in violation of the ADA. The woman received $ 103,200 and interest for lost wages, emotional harm and punitive damages. The EEOC also motioned for an injunction and the company was not allowed by law to discriminate against people with disabilities, people who are seen as disabled, or have a record of a disability.

A year from the award was given, an appeals court made a ruling that rejected all the company’s claims on the appeal. The higher court also rejected the company’s argument and cited that the EEOC’s presentation of evidence at the trial showed that the company’s manager who had the authority to hire was employed in a managerial capacity and was acting within the scope of his employment when he refused to allow the woman to apply for a job even when considering that his action was allegedly in violation of a company policy.
The U.S. Court of Appeals for the Fifth Circuit recently upheld a jury’s verdict against Service Temps, Inc.

Unfortunately, cases like this one happen to employees all across the United States and even to Tennessee employees. If you or someone you know was not hired or discriminated against at the workplace because of a disability, then we strongly encourage you to contact one of our caring and experienced Tennessee employment and ADA attorneys immediately. We care about our clients and will work with you to make sure you get the compensation you are entitled to by law.