Guardsmark Settles EEOC Disability & Genetic Information Discrimination Cases For $329,640

from a Press Release on June 23, 2016.
U.S. Equal  Employment Opportunity Commission

Over 1,000 Job Applicants Subjected to Illegal Medical  & Family Medical History Inquiries,  Federal Agency Charged

LITTLE ROCK,  Ark. and HONOLULU, Hawaii - One of the largest security companies in North  America, Guardsmark, has agreed to settle disability and genetic information  discrimination charges for monetary relief totaling $329,640, the U.S. Equal  Employment Opportunity Commission (EEOC) announced today. The settlement of EEOC  charges of discrimination impacts over 1,100 job applicants who were required  to disclose their disabilities and/or family medical history.

Charges were  filed with EEOC's Little Rock and Honolulu offices in 2011 and 2012 alleging  that Guardsmark required job applicants to disclose their disabilities and/or  family medical history, in violation of the Americans with Disabilities Act  (ADA) and the Genetic Information Nondiscrimination Act (GINA). EEOC's  investigation found that Guardsmark required applicants to complete  questionnaires with questions pertaining to their medical condition and family  medical history during the application process. Such pre-employment inquiries  are prohibited under the ADA and GINA.

Without  admitting liability, Guardsmark agreed to enter into a two-year conciliation agreement with EEOC and the alleged  victims, thereby avoiding litigation. During the course of EEOC's investigation,  Guardsmark ceased asking about genetic information and removed the questionnaires  from the application process. Aside from the monetary relief, the company  further agreed to remove prohibited medical inquiries in the application  process. EEOC will monitor compliance with the agreement.

"Guardsmark  has been cooperative in working with EEOC to resolve this charge without having  to resort to litigation," said Katharine W. Kores, district director for EEOC's  Memphis District, which includes Little Rock in its jurisdiction. "We commend  Guardsmark's willingness to reassess and change their application process so  that applicants and employees do not have to divulge such private personal  medical information. We hope employers take note of this agreement, because EEOC  will continue to actively pursue and enforce ADA and GINA."

Rosa M. Viramontes, district director for  EEOC's Los Angeles District, which includes Honolulu in its jurisdiction,  added, "Employers need to be mindful that asking questions relating to a job applicant's  family medical history, medical condition and disability prior to hire is a  violation of federal law that can negatively impact an applicant's prospects. Although charges were filed in different parts of the  country, EEOC's Little Rock and Honolulu Offices worked collaboratively to  settle this matter on behalf of over 1,100 job  applicants."

Genetic  information includes information about an individual's genetic tests and the  genetic tests of an individual's family members, as well as information about  the manifestation of a disease or disorder in an individual's family members  (i.e. family medical history). GINA forbids discrimination on the basis of  genetic information when it comes to any aspect of employment, including  hiring, firing, pay, job assignments, promotions, layoffs, training, fringe  benefits, or any other term or condition of employment. It is unlawful for an employer to ask,  acquire or maintain such information.

Under the  ADA, an employer may not ask disability-related questions and may not conduct  medical examinations until after it makes a conditional job offer to the  applicant. This helps ensure that an applicant's possible hidden disability  (including a prior history of a disability) is not considered before the  employer evaluates an applicant's non-medical qualifications. An employer may  not ask disability-related questions or require a medical examination pre-offer  even if it intends to look at the answers or results only at the post-offer stage.

Eliminating  barriers in recruitment and hiring, especially class-based recruitment and  hiring practices that discriminate against racial, ethnic and religious groups,  older workers, women, and people with disabilities, is one of six national  priorities identified by EEOC's Strategic Enforcement Plan (SEP).

EEOC enforces  federal laws prohibiting employment discrimination. Further information about EEOC  is available on its website at www.eeoc.gov .

https://www.eeoc.gov/eeoc/newsroom/release/6-23-16.cfm