JBS Carriers settles discrimination lawsuit with EEOC

By Land Line staff | 4/5/2019

JBS Carriers, a trucking company based in Greeley, Colo., has reached a $250,000 settlement regarding a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission.

The settlement was announced by the EEOC on Thursday, April 4.

JBS Carriers had been accused of unlawfully screening out people with disabilities as part of its pre-employment screening of applicants for truck driving jobs. JBS Carriers contracted with ErgoMed Work Systems to administer the pre-employment screenings.

“The screening subjected all applicants to a medical history questionnaire, a physical examination, and nine physical abilities tests,” the EEOC wrote. “If an applicant failed any one of the tests or was prevented by ErgoMed from taking the tests based on information obtained from the questionnaire or during the physical examination, ErgoMed sent JBS Carriers a negative job recommendation.”

The EEOC’s lawsuit alleged that JBS Carriers would then withdraw conditional job offers to applicants based on ErgoMed’s recommendations. The federal agency said the practice violated the Americans with Disabilities Act.

According to the EEOC, JBS Carriers has halted the practice and now only requires applicants to obtain the Department of Transportation medical certification necessary to be a licensed commercial truck driver.

The settlement of $250,000 will be distributed among five individuals who were adversely affected by the practice, the EEOC said. In addition to the settlement payment, JBS Carriers will also provide ADA training to its employees, appoint an ADA coordinator, and report semiannually to the EEOC on how the company has addressed reports of disability discrimination and requests for accommodation.

“We applaud the efforts by JBS Carriers to each an early resolution with the EEOC that provides both meaningful monetary relief and important equitable relief,” EEOC attorney Mary Jo O’Neill said in a news release. “The company’s willingness to cease the screening practices at issue shows a commitment to ensuring that all individuals qualified for a job have a level playing field and an equal opportunity for hiring.”

 

 

 

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