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Court: Disability claim may proceed in staffing case

October 26 2009
Staffing Industry Analysts North American Daily News

A federal court in Wisconsin ruled that a disability discrimination lawsuit brought against a staffing firm by the U.S. Equal Employment Opportunity Commission may proceed. In the suit, an employee claimed a staffing client rejected him after the staffing firm wrote an e-mail to the client disclosing his hearing impairment and expressing "concern" about the placement.

According to the court, as both "employer" and "employment agency," the staffing firm could not treat the employee differently from other unimpaired employees. The court also said the staffing firm had a duty to protect him from discrimination by third parties.

Developing effective discrimination and harassment training for managers and employees is one suggested action that staffing firms may take amid the possibility of such lawsuits, according to the new "Legs & Reg Advisor" co-produced by Staffing Industry Analysts and employment law firm Littler Mendelson.

For more key implications of this legal decision, as well as other staffing-related legal, legislative and regulatory developments this month, see the full Legs & Reg Advisor by clicking here.


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