Stainless USA LLC violated federal law by refusing to hire an applicant because of his use of medication prescribed by his doctor for anxiety and panic attacks, the. According to the EEOC’s lawsuit, the applicant was offered an entry operator position at Outokumpu’s Calvert facility contingent upon passing a physical examination and drug screening by a third-party company that conducts pre-employment health screenings for employers. According to the EEOC, when the applicant informed the examiner he takes prescription medication due to anxiety and a history of panic attacks, Outokumpu withdrew the conditional offer of employment due to possible side effects of the medication.
Failing to hire an individual because of a disability, perceived disability, or record of disability, and applying policies or standards that screen out persons with disabilities, violate the Americans with Disabilities Act
The EEOC filed suit, EEOC v Outokumpu Stainless USA LLC Case No 1:20-cv-00521, in US District Court for the Southern District of Alabama after first attempting to reach a pre-litigation settlement through its conciliation process. The agency’s lawsuit seeks monetary damages for the applicant, including back pay, compensatory and punitive damages, and injunctive relief.