Employment news reports that the federal government has filed a lawsuit
against Amtrak alleging employment discrimination. According to the disability
discrimination complaint filed by the Equal Employment Opportunity Commission
(EEOC), Amtrak unlawfully discriminated against a person who had epilepsy.
The Americans with Disabilities Act (ADA) and the Americans with Disabilities
Act Amendments Act prohibit discrimination against qualified individuals
with a disability in terms of their employment. This means that it is
unlawful for companies to take negative actions against those qualified
individuals such as firing, not hiring, not promoting or retaliating as
the result of a disability or even a
The ADA protects against discrimination based on stereotypes and unfounded
concerns about an individual’s medical condition and medical history.
Thus, even if you are not actually disabled, but you have a record or
history of a disability, your employer cannot take an adverse action against
you. Further, even if you aren’t actually disabled, and you don’t
have a history or record of disability, you may still be protected by
the ADA if your employer regards or perceives you as being disabled.
In this instance the lawsuit asserts that Amtrak violated the ADA by rescinding
a job offer after it discovered the man had epilepsy. A representative
noted, ““Twenty five years ago, Congress passed the ADA to
protect Americans with disabilities from employment discrimination based
on myths and stereotypes about their conditions,”
Here, the EEOC alleged that Amtrak wrongly withdrew the job offer based
on a “perceived disability,” commenting that “it is
critical that employers do not base job decisions on stereotypes, but
instead carefully consider an employee’s abilities.”
If you have suffered negative employment consequences as the result of
a disability – actual or perceived – it’s important
to understand your rights and fight back. For more information, please
contact the experienced Atlanta discrimination lawyers at Buckley Beal LLP.