Portal, Ga., Store Manager Refused to Interview Applicant After Seeing Her Arm in a Sling, Federal Agency Charges
July 25, 2017 - The owner-operator of a Georgia Dollar General store violated federal law by discriminating against a job applicant because of her disability and because she complained to the company's human resources department about the discrimination, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it recently filed.
According to the EEOC's lawsuit, on or about Sept. 7, 2015, Terri Mosley applied for a sales associate position at a Portal, Ga., Dollar General store, where she was a frequent shopper. When Mosley appeared for an interview, the store manager refused to interview her, stating, "I didn't know it was you," and told Mosley that she could not work at Dollar General "with that arm." Mosley's left arm had been injured in an automobile accident two years earlier. Mosley promptly contacted Dollar General's human resources department to complain about the discrimination. After doing so, she was never contacted by the store manager for an interview.
Such conduct violates the Americans with Disabilities Act (ADA). The EEOC filed suit (Equal Employment Opportunity Commission v. Dolgencorp, LLC d/b/a Dollar General, Civil Action No. 6:17-cv-00100) in U.S. District Court for the Southern District of Georgia after first attempting to reach a pre-litigation settlement through its conciliation process. The federal agency seeks back pay and compensatory and punitive damages for Mosley, as well as injunctive relief designed to prevent such discrimination in the future.
"Managers and owners cannot refuse to consider workers for open positions because of disabilities," said Bernice Williams-Kimbrough, director of the EEOC's Atlanta District Office.
Antonette Sewell, regional attorney for the Atlanta District Office, added, "People have the right to be considered for employment, regardless of whatever disabilities they may have. We want employers, especially large, national employers, to understand their duties under the law."
Dolgencorp, LLC, is a Kentucky corporation operating more than 12,000 Dollar General retail stores across the country.
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
source: EEOC press release