$259,853.96 DFEH Settlement of Employment Disability Complaint

$259,853.96 DFEH Settlement of Employment Disability Complaint

The DFEH announced a recent $259,853.96 settlement of an employment disability complaint on behalf of a class of job applicants against Loma Linda University Medical Center (LLUMC) for violation of the Fair Employment and Housing Act.  According to the DFEH, LLUMC job applicants were required to undergo medical evaluations, including a nerve conduction test which identified potential workers who had or may have carpal tunnel syndrome or repetitive motion injuries.

Although all of the applicants passed all other employment tests and interviews, in some cases had already attended LLUMC’s orientation, the hospital rescinded its employment offer to applicants with “failing” test results.  The DFEH claimed there was no evidence that the applicants could not perform the essential functions of their jobs.

After the DFEH’s Special Investigation Unit (SIU) investigated the case, the hospital agreed to correct its policies and practices and agreed to pay the settlement to 10 claimants.  LLUMC also agreed to publish an article in its employee newsletter on eliminating and preventing actual or perceived disability discrimination, as well as providing an interactive process to reasonably accommodate current employees and applicants.

You can review the DFEH’s press release.

The Law Office of Phillip J. Griego
95 South Market Street, Suite 520
San Jose, CA 95113
Tel. 408-293-6341
 
Original article by Robert E. Nuddleman, former associate of The Law Office of Phillip J. Griego.
 

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