The Americans with Disabilities Act prevents employers in New Jersey and around the country from discriminating against persons with disabilities. This covers not only instances of wrongful termination, but also discrimination in the hiring process. One woman who was refused employment because of her disability has found vindication through the legal system after the trial court and appellate court ruled in her favor in her discrimination lawsuit.

A few years ago, the woman applied for a stock clerk job at Service Temps, Inc. Although she was deaf, she made it clear to the person reviewing her application that she had previously held the same position at another company and that her deafness would not prevent her from successfully performing the job. Despite this, the hiring manager informed her that the company would not hire her because she was deaf.

The woman brought the company’s conduct to the attention of the U.S. Equal Employment Opportunity Commission, which filed an employment discrimination lawsuit on her behalf. At trial, the company attempted to argue that the manager’s actions clearly went against stated company rules prohibiting discrimination. But the court still ascribed that conduct to the company because the manager was acting “within the scope of his employment” when he made the discriminatory hiring decision.

The company then took the case to the Fifth Circuit Court of Appeals. Late last month, however, a panel of judges affirmed the lower court’s ruling in favor of the woman. That lower court enjoined the company from further discrimination based on disability. It also required the company to pay the woman in excess of $100,000 to compensate her for emotional injury and wages that she lost by not being hired. In addition, the award included punitive damages against the company.

Source: U.S. Equal Employment Opportunity Commission, “Court of Appeals Upholds Verdict for EEOC against Service Temps / Smith Personnel Solutions,” May 10, 2012.