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Staffing firm settles EEOC disability discrimination lawsuit early

November 17, 2017

The US Equal Employment Opportunity Commission and staffing firm Strataforce agreed to resolve a lawsuit alleging the company violated federal law by making pre-offer health inquiries of applicants. Strataforce has offices in California, Indiana, North Carolina and South Carolina, the EEOC reported.

The lawsuit alleged Strataforce asked applicants to complete an application package that included a detailed medical questionnaire before the company offered the applicant a position or placement, according to the EEOC. The Americans with Disabilities Act generally prohibits employers from making pre-offer medical inquiries and refusing to hire qualified individuals with disabilities.

Under the consent judgment, entered Nov. 13, Strataforce will be required to provide notice to applicants of their rights under the ADA and submit annual compliance reports to the commission during the judgment’s four-year term.

“I commend Strataforce for entering an early resolution of the case,” said EEOC Regional Attorney Kenneth Bird.

EEOC filed suit against Strataforce in the US District Court for the Southern District of Indiana, Indianapolis Division on Nov. 6, and the parties reached agreement and filed a joint motion to approve a consent judgment on Nov. 7.

“Congress recognized that prohibiting pre-offer medical inquiries was necessary to prevent applicants from being subjected to harmful and unfounded stereotypes on the basis of an actual or perceived disability,” Bird said. “As staffing agencies now play a large role in our nation’s workforce, eliminating any discrimination in their screening practices is increasingly important to ensuring that workers with disabilities have equal access to work opportunities.”