DID THE EEOC RUBBER STAMP THIS LION ELASTOMERS SETTLEMENT?
Lion Elastomers – “a premier manufacturer of elastomeric polymers with a legacy as one of the first synthetic rubber producers in the world” – agreed to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) for $175,000.
Apparently, the company required certain applicants (offered packing operator/materials handler positions), “to undergo pre-employment medical and physical examinations,” and ended up retracting offers when the company thought there was an issue with an individual’s ability to “lift heavy objects.” The company also allegedly failed to maintain personnel records related to its hiring and termination practices.
Believing that such conduct violated the Americans with Disabilities Act (ADA), the EEOC filed suit on Sept. 30, 2021 in U.S. District Court for the Eastern District of Texas (U.S. Equal Employment Opportunity Commission v. Lion Elastomers, LLC, Case No. 1:21-cv-00493).
In settlement of that litigation, in addition to the $175k payment, the company has agreed to modify its employment related practices and will offer “specialized training” on disability discrimination avoidance.
In a written statement, Rudy Sustaita, regional attorney for the EEOC’s Houston District Office noted that, “This lawsuit should remind employers that the ADA protects applicants, as well as employees, from disability discrimination …. When applicants are denied employment based on unfounded and speculative assumptions about the individual’s physical or mental condition, the EEOC will seek redress for those harmed by such decisions.”
Think they tamed that rubber Lion?
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