BIRMINGHAM – An emergency air medical transportation company has settled a lawsuit charging it wrongfully withdrew a job offer in Cullman because of the applicant’s prescription medication, the U.S. Equal Employment Opportunity Commission (EEOC) announced.
According to the EEOC, Air Evac EMS, headquartered in O’Fallon, Mo., will pay $59,000 and furnish other relief, settling a disability discrimination lawsuit filed by the EEOC. Air Evac operates more than 150 helicopter air ambulance bases across 15 states.
The EEOC’s suit charged Air Evac with violating federal law when it rescinded an applicant’s job offer because of potential side effects of the applicant’s prescription medication, the EEOC news release said.
Air Evac offered the applicant a position in Cullman in May 2021, but rescinded the offer one month later after learning of the applicant’s prescription through a pre-employment medical screening.
“Federal law prohibits employers from refusing to hire qualified applicants because of their actual or perceived disabilities,” said EEOC Birmingham District Director Bradley Anderson. “The EEOC is committed to ensuring that companies comply with federal anti-discrimination laws.”
The EEOC said the alleged conduct violates the Americans with Disabilities Act. The lawsuit was filed by the EEOC in U.S. District Court for the Northern District of Alabama following voluntary pre-litigation negotiations after a resolution could not be achieved through the agency’s conciliation process, the agency said.
In addition to monetary relief, the two-year consent decree entered Oct. 6 settling the suit provides for training of Air Evac’s personnel responsible for hiring or providing human resources or drug and alcohol program services to Air Evac employees in Alabama, the EEOC said.
The decree also requires Air Evac to review and, as necessary, revise its employee handbook to provide information regarding the company’s procedures for receiving and reviewing accommodation requests and complaints of possible discrimination, according to the EEOC.
Air Evac will also make annual reports to the EEOC regarding compliance with the decree during its duration.
“We commend Air Evac for its cooperation in the early resolution of this lawsuit and undertaking measures to ensure that applicants do not face disability discrimination in the future,” said Marsha Rucker, regional attorney for the EEOC’s Birmingham District.
For more information on disability discrimination, visit https://www.eeoc.gov/
The EEOC’s Birmingham District consists of Alabama, Mississippi (except 17 northern counties) and the Florida Panhandle.
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