A nationwide staffing company with a location in Orem has been fined for not hiring a qualified applicant because of her disability.

The Orem branch of Elwood Staffing Inc., will pay $77,500 and furnish other relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission, the agency announced Monday.

In addition to $77,500 in damages, the two-year consent decree settling the suit requires Elwood Staffing’s Utah locations to revise their anti-discrimination policies promptly and thoroughly investigate complaints of disability discrimination, train all employees — including temporary associates — on anti-discrimination, and provide reports on training, complaints of discrimination, and any revisions to policies and procedures to the EEOC, the lawsuit said.

The acting district director of the EEOC’s Phoenix District Office, Melinda Caraballo, said, “Disability antidiscrimination training for temporary associates, like the training required by this consent decree, is critical in helping new employees understand their federal rights. I am pleased we were able to reach a resolution in this matter.”

The EEOC alleged in its suit that Elwood Staffing rescinded a conditional job offer because the applicant does not have a left hand. Elwood Staffing did not provide any reasonable accommodations to the applicant, the EEOC alleged, and then chose not to hire her because of her disability and/or need for an accommodation.

On Aug. 23, 2021, the EEOC filed the lawsuit, saying the staffing company did not hire an applicant for a warehouse position, “because the applicant does not have a left hand.”

“The EEOC is committed to eliminating barriers in recruiting and hiring,” said EEOC Phoenix District Office Regional Attorney Mary Jo O’Neill in a statement. “Employers, including staffing agencies, must engage in the interactive process with prospective employees instead of making assumptions about an applicant’s abilities.”

The EEOC said that the applicant sought work with Elwood Staffing and received a conditional job offer for work as a product assembler for one of Elwood Staffing’s clients. Elwood Staffing chose not to administer one of two pre-placement tests to the applicant because the applicant does not have a hand.

“Employers cannot refuse to hire applicants with physical impairments because of assumptions about what they cannot do,” O’Neill said. “Employers should always engage in an interactive process — which is required by federal law — to determine if a reasonable accommodation is available before making an employment decision based on an applicant’s or employee’s disability or need for accommodation.”

The EEOC’s Phoenix District Office has jurisdiction for Arizona, Colorado, Utah, Wyoming and part of New Mexico.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination.

Newsletter