The US Equal Employment Opportunity Commission filed a lawsuit against Two Hawk Employment Services LLC, a temporary staffing agency based in Lumberton, NC.

The lawsuit alleges the firm violated federal law when it asked an applicant illegal medical questions during its application process and then refused to hire the applicant because of her responses to those illegal medical inquiries, in violation of the Americans with Disabilities Act. In addition, the suit alleges Two Hawk failed to retain employment applications as required by federal law.

The EEOC seeks back pay, compensatory damages and punitive damages as well as injunctive relief.

According to lawsuit, Nicole Bullard applied for employment with Two Hawk in May 2013 and was required to fill out a medical history form during the application process. The form asked Bullard to identify medical conditions, and to disclose whether she was taking any medications that might affect her ability to perform the essential functions of the job. The form also asked Bullard to state whether she had physical or mental conditions that required accommodation, and whether she had any restrictions in activity. In response to the application's questions, Bullard disclosed that she was taking two prescription medications.

According to the EEOC, Bullard then received a conditional job offer from Two Hawk and answered questions about her medications during her orientation for work. The following day, Bullard's job offer was rescinded and Bullard was told she had not passed a “pre-screening test,” the EEOC claims.

“Employers must be mindful of prohibitions by federal law against illegal medical inquiries,” said Lynette Barnes, regional attorney of EEOC's Charlotte District Office. “EEOC is here to defend the rights of employees and job applicants to be free of such unfair and unlawful probing.”

Two Hawk operates three offices in North Carolina and one each in Kansas and Kentucky, according to its website.

EEOC filed suit in US District Court for the Eastern District of North Carolina, Southern Division, after first attempting to reach a pre-litigation settlement through its conciliation process.