Nationwide Food Delivery Company Settles EEOC Disability Discrimination Charge

April 4, 2023

On April 3, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) announced that Cygnus Home Service d/b/a Schwan’s Home Delivery, a food delivery service that does business in 48 states, agreed to pay damages to a job applicant and provide additional discrimination prevention training, including American with Disabilities Act (ADA) training, to resolve an EEOC finding of disability discrimination.

An investigation by the EEOC’s Milwaukee Area Office concluded that the company did not hire a job applicant for a route sales representative position, because he is an individual with a disability. When a hiring official learned of the applicant’s disability, he directed the applicant to take the required U.S. Department of Transportation medical examination, which he passed. Despite passing the medical examination, the company failed to consider a qualified applicant with a disability for employment.

Under the conciliation agreement, in addition to compensating the applicant, Schwan’s will train its employees about their rights under the ADA and retain an outside consultant to train its managers and recruiters at the Greenville, Wisconsin location. In addition, the company will revise its hiring processes, post an EEO notice at its facilities and on its internal website, and provide compliance-related reporting to the EEOC. The EEOC will monitor compliance with these obligations for the next three years.

 

Training on Disability, Pregnancy and Religious Accommodations

To avoid costly lawsuits, such as this one, it's impetrative to train your workforce how to not only avoid discrimination in the hiring process, but provide reasonable accommodations for those applicants with disabilities.  The ADA and similar state and local laws require employers to provide reasonable accommodations to employees and applicants with disabilities. Clear Law Institute’s interactive online disability, pregnancy and religious accommodation teaches your employees and managers how to comply with these laws and your organization’s policies. 

Training Managers and Other Employees to Interview and Hire Lawfully

Clear Law Institute, an expert in the compliance-training industry, recommends all "human resource professionals, supervisors, and managers” take a lawful hiring and interviewing training course. Since they’re so closely involved in the hiring and promoting process, it’s key for those within HR and management roles to understand lawful hiring practices. 

Clear Law Institute’s online course, Interviewing and Hiring Lawfully, teaches practical skills for lawfully and effectively interviewing applicants for hire or promotion. Course users learn how to:

  • Effectively interview applicants to determine their qualifications for the job using behavioral-based interviewing techniques
  • Avoid unlawful or poorly phrased questions and comments during the interview
  • Select the best candidate and properly document the selection

If you’d like to learn more on this training for your organization, you can request the full course preview here.

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