Regulators: Dallas Company to Pay $50K to Settle Discrimination Lawsuit

Regulators say a Dallas-area refrigerated transport company will pay $50,000 to settle a federal disability discrimination lawsuit.

The U.S. Equal Employment Opportunity Commission (EEOC) announced that Stevens Transport will settle a case involving its refusal to hire a paraplegic man who applied for management positions at the company because of his disability.

According to the EEOC’s lawsuit (Civil Action No. 3:11-CV-2557-L) in U.S. District Court for the Northern District of Texas, Andrew Scott, who became paraplegic in 2003 as a result of a car accident, was denied hire for two management positions at Stevens because of his disability.

According to the EEOC, Scott, who has a bachelor’s degree in economics and management and a master’s degree in business administration, was initially contacted by Stevens Transport after posting his resume on a job search website. Scott was interviewed over the telephone. Based on his successful interview, Scott was scheduled for an in-person interview for two open jobs. When he arrived at the interview, however, the company became aware of his disability.

Stevens management told Scott at the in-person interview that there was some concern he would not be able to keep up with the pace of operations. After several weeks of communication with the company, Scott was ultimately informed that he had not been selected for hire into either of the positions, despite his qualifications, according to the EEOC.

Refusing to hire a qualified applicant because of his disability violates the Americans with Disabilities Act of 1990 (ADA). The EEOC filed suit after first attempting to reach a voluntary settlement.

Robert A. Canino, regional attorney for the EEOC’s Dallas District Office, said Scott “was well-qualified for these positions, but was disregarded because of his disability. That is a clear violation of federal law as well as unjust to the applicant and counter-productive for the company.”

In fiscal year 2011, 25,742 ADA charges were filed with the EEOC, an increase of 21 percent from fiscal year 2009, when the Americans with Disabilities Act Amendments Act (ADAAA) went into effect, broadening ADA coverage.

Source: EEOC