Howard University Failed to Hire Applicant Due to His Disability

Howard University in the District of Columbia has been charged with violating federal law when it refused to hire an applicant for a security position at its hospital because of his disability, diabetes. The EEOC filed a lawsuit against Howard University, founded in 1862, and a private, historically black university. Howard University Hospital is a division of the University at large and is subject to its employment policies and procedures. According to the lawsuit, Clarence Muse has Type 2 diabetes that resulted in kidney failure. Around August 16, 2009, Muse applied for two security guard positions with the university. The EEOC said that Muse was interviewed for both positions by Howard’s associate hospital director for support services and its director of protective services. In discussing his shift preference during his interview, Muse disclosed that he needed to work a shift that would allow him to continue to take dialysis treatments three mornings each week. The EEOC charged that despite being fully qualified for the security officer positions, Muse was denied hire for both positions. Full Article.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. The ADA does not specifically name all of the impairments that are covered, but common examples of disabilities include confinement to a wheelchair, reliance on assistive devices such as canes and walkers, blindness, deafness, a learning disability, and certain kinds of mental illness. The ADA states that a business entity shall not discriminate against a qualified individual with a disability. This applies to job application procedures, hiring, advancement and discharge of employees, workers’ compensation, job training, and other terms, conditions, and privileges of employment. For more information: ADA Website

Leeds Brown Law, PC practices in matters of employment discrimination throughout Long Island and the New York City area. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.