AEI CLIENT ADVISORY – EEOC v JBS Carriers
In recent events, JBS Carriers settled a dispute with the EEOC, agreeing to discontinue the use of ErgoMed Screening. To pay a fine concerning alleged disability discrimination in their hiring process for truck driving positions. This development has prompted inquiries from clients utilizing a physical ability screening program by Advanced Ergonomics (AEI). Regarding potential parallels with the issues highlighted in the lawsuit against JBS Carriers.
Understanding the Issues Raised
The lawsuit primarily centered on ErgoMed Screening. Which contained a medical history questionnaire, a physical examination, and a series of physical ability tests. The identified concerns were:
- Failure in the Interactive Process: JBS Carriers ignored to engage individuals flagged by ErgoMed Screening. For potential disqualification, missing the crucial “interactive process” mandated by the ADAAA for accommodation assessment.
- Assessment of Job Functions: The company did not evaluate if individuals, with or without accommodations, could perform essential job functions.
Handling of Medical Information: Allegations arose around JBS Carriers utilizing medical data obtained from the screenings. To deny employment based on perceived impairments.
AEI’s compliant ergonomic screenings
The purpose of AEI’s health questionnaire is to ensure a safe testing experience by identifying any contraindications for testing. This questionnaire does not lead to disqualification. Nevertheless, if accommodations are requested, AEI collaborates with candidates and employers to facilitate testing.
AEI conducts a comprehensive job analysis that integrates essential job demands and accommodations into the test battery. We engage candidates in an interactive process, offering a toll-free number for failed applicants to discuss results and recommend retesting.
AEI does not share medical information from the health questionnaire with employers. Employers only receive physical ability test results post-completion, which eliminates biases based on medical information.
Reassurance and Compliance
Our compliant ergonomic screenings program has been following EEOC guidelines and the Americans With Disabilities Act since 1989. Advanced Ergonomics aims to clarify our approach, emphasizing our commitment to legality, fairness, and accommodation in our testing procedures.
Conclusion
Advanced Ergonomics aims to clarify our approach, stressing our commitment to legality, fairness, and accommodation in our testing procedures. For any further inquiries, we encourage direct communication. Call us today!