Employer Settles Allegations of Unlawful Pre-offer Medical Inquiries

December 18, 2017

All Star Priority Staffing, LLC, has agreed to pay $30,000 and provide other relief to settle allegations that the Phoenix-based staffing agency violated the Americans with Disabilities Act (ADA) by making unlawful medical inquiries prior to making a job offer. All Star’s pre-offer application process included a medical questionnaire asking about, among other things, the applicant’s use of medications, history of illnesses, and whether the applicant has or had any current or previous injuries to various parts of the body.

All Star also purportedly asked medical questions during pre-offer interviews and then used the medical information obtained as the basis for denying employment opportunities. As the Equal Employment Opportunity Commission (EEOC) noted, employers, including staffing agencies, may not inquire into whether an applicant is an individual with a disability or inquire into the nature or severity of any such disability before extending an offer of employment.

In addition to the monetary relief, the three-year consent decree resolving the suit bars All Star from future discrimination based on disability, modifies the company’s application process, and updates its anti-discrimination policies. All Star will also provide annual ADA training to employees with hiring responsibility and post a notice informing applicants and employees of their rights under the ADA.

"It is important for temporary workers and staffing agencies to understand that staffing agencies are subject to the requirements of the ADA and other civil rights laws," observed EEOC District Director Elizabeth Cadle. "This case serves as a reminder that all employers, including staffing agencies, should review their policies and procedures to ensure they comply with the ADA."

The EEOC filed its lawsuit, case number 2:17-CV-03127-DLR, in the District of Arizona.