Stevens Transport settles discrimination allegations with EEOC

Facing allegations of rejecting an applicant because of his medical history, Stevens Transport is settling the dispute with the U.S. Equal Employment Opportunity Commission for $75,000.

According to federal court documents filed in Texas, Dallas-based Stevens Transport will pay Larry Gandy $75,000 to settle allegations that the company violated his rights under the Americans with Disabilities Act when applying for a job. Stevens Transport will also have to post a policy against disability discrimination on all bulletin boards within its Dallas facility. Furthermore, the trucking company’s recruiting department must undergo annual training regarding ADA requirements.

Gandy suffers from hypertension, better known as high blood pressure. According to the EEOC’s complaint, Gandy’s hypertension “limits him in the major life activity of seeing and also substantially limits the operation of his circulatory system.”

In August 2019, Gandy was interviewed by two Stevens Transport employees regarding his job application for a recruiter/verifier position. According to the EEOC’s lawsuit, Gandy was asked whether a gap in his employment was because of a medical reason. He said it was.

Gandy had taken medical leave and eventually resigned from a previous job due to hypertension. The time gap between jobs was used by Gandy to stabilize his hypertension.

After the interview, a Stevens Transport recruiter informed Gandy that his application had been rejected “because he disclosed during the interview that he had taken medical leave in a previous job,” according to court documents.

Angela Horowitz, vice president of driver resources, allegedly told the recruiter that no applicant with a history of taking medical leave should be brought in for a job interview.

The Americans with Disabilities Act prohibits employers from asking applicants about their medical history. Additionally, federal law bars companies from denying employment to applicants because of their disabilities, real or perceived.

In August, the EEOC informed Stevens Transport that the commission reasonably believed the company violated the Americans with Disabilities Act. Stevens Transport was given the opportunity to work with the commission informally to find a remedy. An acceptable agreement was never reached. Consequently, the EEOC filed the lawsuit on Sept. 23, more than 30 days after Gandy had filed acharge of discrimination with the commission.

“Job seekers should not have to fear that disclosing a past medical condition will cost them a job opportunity when they are otherwise considered good candidates for hire,” Robert Canino, regional attorney for the EEOC’s Dallas District Office, said in a statement. “Preventing pre-offer screening from the workplace based on mere suppositions and generalizations about an individual’s medical history is at the heart of the ADA.”

Stevens Transport could not immediately be reached for comment. However, the company denied all allegations and did not admit any fault, according to the terms of the settlement. LL