The U.S. Equal Employment Opportunity Commission sued a national transportation company, Schneider National Inc., for violation of the Americans with Disabilities Act.
According to the allegations, in September 2023, Schneider National extended a conditional employment offer to a qualified candidate. Schneider National allegedly withdrew the job offer pending further review one day later. The offer was allegedly withdrawn because the employer learned that the applicant has post-traumatic stress disorder (PTSD) and requires the use of a service dog.
After withdrawing the offer, Schneider allegedly requested additional information from the applicant. In response, the applicant disclosed that her dog is certified as a service animal and is trained to alleviate and prevent PTSD symptoms. The applicant further stated that her dog had successfully accompanied her in the truck when she trained for, and obtained, her Class A commercial driver's license.
Nonetheless, Schneider withdrew the job offer. The company allegedly refused to allow the applicant to drive with her service dog as an accommodation for her PTSD.
Source: https://www.eeoc.gov/newsroom/eeoc-sues-schneider-national-disability-discrimination
Commentary
In the above matter, the company made a conditional job offer, learned the applicant had a disability, and withdrew their offer within 24 hours.
Federal and state law prevent employers from rescinding job offers simply because an applicant has a disability. The Americans with Disabilities Act states that covered employers may only rescind job offers based on medical information in very limited circumstances.
The employer would be required to show that:
1. The applicant cannot perform the essential functions of the job, even with accommodation; or
2. The applicant would pose a direct threat to health or safety that would not be eliminated via an accommodation.
Assumptions about ability, disability stereotypes, or general "concerns" are not enough to justify rescinding a job offer after a disability is disclosed.
The final takeaway is withdrawing a job offer after a disability is disclosed heightens risk significantly. Engage, instead, in an interactive process to examine the requested accommodation.
