Alleged Violations in Discrimination Disability Related Inquiries Lead to Fines

FAPS Inc., an automotive port processor, is charged by the EEOC in a recent discrimination lawsuit with engaging in an ongoing pattern or practice of race discrimination against African-Americans in recruitment and hiring. The suit also charges  FAPS  made improper pre-employment disability-related inquiries of applicants. Both these alleged practices violate federal law.
According to the EEOC's suit, EEOC v. FAPS Inc., filed in the U.S. District Court for New Jersey, FAPS has had, and continues to have, a statistically significant smaller percentage of African-American employees in entry-level positions than would be expected given the relevant labor market in the area where FAPS is located. FAPS maintains more than 250 acres and 575,000 square feet of under-roof processing at its terminal complex. (WCxKitz)
The EEOC contends FAPS, instead of advertising job openings, has almost exclusively utilized word-of-mouth recruiting for hiring of employees for entry-level  positions, resulting in a statistically significantly smaller percentage of African-American applicants for those jobs. 
In addition, FAPS refused to hire qualified African-American applicants who did apply for entry-level positions because of their race, instead hiring less qualified or similarly qualified non-African-Americans applicants for such positions. (WCxKit) FAPS Inc. falsely told African-Americans applicants that no such positions were available when, in fact, the defendant was hiring non-African-Americans applicants for these positions. In addition, FAPS Inc. unlawfully included disability-related questions on job applications, the suit charges.
The agency seeks injunctive relief to end the discriminatory practices, plus back pay and compensatory and punitive damages to compensate African-American applicants who were not hired or who were deterred from applying for jobs due to their  race. (WCxKitz)
“The ADA  prohibits an employer from asking disability-related questions of job  applicants before a job offer is made because job applicants have the right to  be judged on their ability to do the work, and not on prejudice about their  mental or physical disabilities,” said Rosemary DiSavino, the EEOC trial  attorney who will be litigating this case. “This lawsuit should teach employers to review their application forms and remove illegal questions.”
  Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: or 860-553-6604.
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