Tyson Foods, Inc. pays $35,000 to settle an Americans With Disabilities Act ("ADA") lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Mark White. According to published accounts Tyson Foods refused to hire former employee White because he had epilepsy. Talk about having a narrow mind. Perhaps these folks at Tyson should take a class on humanity. According to published accounts White applied for an open maintenance job. White’s epilepsy had been controlled by medication for twelve years and he had been previously employed by Tyson on two occasions during this time period. I guess a twelve year track record isn't good enough for Tyson.
In order to not hire White, Tyson instituted a new medical assessment procedure and refused to hire him because he did not pass a medical evaluation required for applicants with epilepsy. The doctor who performed the evaluation for Tyson did not examine White, but relied on outdated medical research in determining that he could not safely perform the job. To makes matters worse and to show the discrimination the EEOC showed that Tyson employed several other persons with epilepsy who had been grandfathered in. So Tyson did not grandfather in White which showed unequal terms and conditions of employment based on his disability.
“The potentially three-step medical assessment process agreed to by the parties is an extraordinary step in the right direction in terms of making sure disabled employees are given a full and fair opportunity to compete in the workplace,” said EEOC attorney Melvin Kennedy.