Alleged disability discrimination by New Jersey employer
January 4, 2012
A New Jersey based consulting firm is being sued for disability discrimination. It is alleged that the company withdrew an offer of employment for this individual because the applicant suffered from ocular albinism, an inherited disorder where the eyes lack melanin pigment. Though this condition caused certain visual problems for this individual, the applicant was otherwise considered fully qualified to perform the duties required for the position.
Conduct such as this is in violation of the American with Disabilities Act (ADA). The alleged actions of the company have now resulted in a lawsuit scheduled to be heard in federal court.
This case demonstrates the benefits of litigation when it comes to employment related disputes. Attorneys experienced in the area of workplace discrimination are familiar with what conduct should and should not be tolerated at the workplace and can often force businesses to make changes that will prevent such discrimination from taking place. Competent counsel familiar with constitutional issues and experienced in trying discrimination claims is often required to insure that employment discrimination does not occur.
Discrimination will continue as long as attitudes in the workplace have not kept pace with notions of fairness or equal treatment. The ADA was passed more than 20-years ago and yet places of employment still seem to be in denial about such provisions actually applying to them. This may be in part due to the way business was conducted in the past, but it also shows an inability to grasp the notion that discrimination of any kind cannot be tolerated in the workplace.
Though discrimination claims will likely always be with us, at least some employees are fighting back to hold perpetrators of such conduct accountable.
Source: Advert.co.uk, “RCC Consultants, Inc. Sued for Disability Discrimination Company Failed to Hire an Applicant Because of His Disability, EEOC Charges,” by Sophie Jenson, Dec. 30, 2011