EEOC Alleges Employer Refused to Hire Deaf Applicant

Sometimes an employer can get in trouble for changing its mind.  This is especially true when the change involves a decision to rescind an offer of employment to an applicant with a disability.

Yesterday, the EEOC sued an employer changing its mind about whether to hire a deaf applicant.  Allegedly, the employee was offered two part-time positions after an initial interview.  But, after a second interview where the applicant was “grilled about his ability to communicate,” the employer did not put the employee on its work schedule and later told him they decided to pursue more experienced candidates.

The EEOC lawsuit is a reminder that employers need to contemporaneously document the basis for hiring decisions as well as the reason(s) for any decision to rescind a job offer (assuming there are legitimate reasons for the decision).

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