• EEOC Challenges Hiring Process Used by Dollar General in Alabama
  • November 6, 2017 | Authors: Steven B. Loeb; John T. Andrishok; Jerry L. Stovall; Leo C. Hamilton; Melissa M. Shirley; Sunny Mayhall West; Jacob E. Roussel; Rachael Jeanfreau; E. Fredrick Preis; Rachael M. Coe; Eve B. Masinter; Murphy J. Foster
  • Law Firms: Breazeale, Sachse & Wilson, L.L.P. - Baton Rouge Office; Breazeale, Sachse & Wilson, L.L.P. - New Orleans Office; Breazeale, Sachse & Wilson, L.L.P. - Baton Rouge Office; Breazeale, Sachse & Wilson, L.L.P. - New Orleans Office
  • The EEOC has taken the position that a two-step hiring process used by Dolgencorp LLC at its Bessemer, Alabama facility is a violation of the rights of workers with actual or perceived disabilities and illegally probes private family medical history. The class of workers, including Vincent Jackson, the charging party, had all passed the facility's first step in the hiring process. By successfully interviewing for general warehouse worker positions and receiving job offers, they were then moved to the second step of the process which required candidates to pass "extensive, and often, highly invasive " medical exams in order to be officially hired, according to the EEOC. The lawsuit claims the standards set forth in the medical exams were not relevant or essential to the general warehouse position the candidates had applied for. Examples of the requirements listed in the case included 20/50 vision in both eyes and blood pressure under 160/100, which the EEOC asserts unlawfully disqualified applicants like Jackson on the basis of a disability. When Jackson revealed he was unable to see out of his right eye in his medical exam, Dollar General allegedly stopped considering his application, leading the EEOC to allege that the company violated the Americans with Disabilities Act. In addition to the ADA allegations, the EEOC also included a class claim against Dollar General under the Genetic Information Nondisclosure Act (GINA), which prohibits employers from making hiring, firing, job placement or promotion decisions based on an employee's family medical history or other genetic information. The facility in Bessemer allegedly sought protected genetic information from Jackson and other applicants by compelling them to detail medical histories as part of the allegedly unlawful post-offer medical exams. According to the complaint, the ADA violations have been going on since at least December 2013 and the GINA violations since at least 2011.