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passed all other employment tests and interviews, in some cases had already attended LLUMC’s orientation, the hospital rescinded its employment offer to applicants with “failing” test results.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.
Feel free to suggest topics for the blog. We are happy to consider topics pertaining to general points of Labor and Employment Law, but we cannot answer questions about specific situations or provide legal advice. If you desire legal advice, you should contact an attorney.
Your use of this blog does not create an attorney-client relationship between you and the Law Office of Phillip J. Griego. The use of the Internet or this blog for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be posted in this blog and the Law Office of Phillip J. Griego cannot guarantee the confidentiality of anything posted to this blog.
Phillip J. Griego represents employees and businesses throughout Silicon Valley and the greater San Francisco Bay Area including Palo Alto, Menlo Park, Mountain View, Los Altos, San Jose, the South Bay Area, Campbell, Los Gatos, Cupertino, Morgan Hill, Gilroy, Sunnyvale, Santa Cruz, Saratoga, and Alameda, San Mateo, Santa Clara, San Benito, Mendocino, and Calaveras counties.