The trucking arm of Greeley-based meat processing giant JBS USA is being sued by the federal government for allegedly discriminating against job seekers with disabilities and physical limitations.
The filed the Americans with Disabilities Act suit in U.S. District Court in Denver on Friday, court records show. In it, federal officials claim filtered out job applicants who were disabled or it perceived to be disabled through screenings performed by a third-party contractor.
The suit cites the experience of Cindy Divine, a veteran commercial truck driver who received a conditional job offer from JBS in the spring of 2012.
Divine was asked to fly from her home in California to Greeley to undergo a screening performed by before she could be hired. During that screening, ErgoMed staffers determined Divine had shoulder issues. She told the staffers her shoulders were healthy but sore from carrying her bags from a bus stop to her motel the night before. ErgoMed staff refused to let her complete the screening and sent a “no job match” recommendation to JBS Carriers. JBS later withdrew Divine’s job offer without following up with her, the suit says.
Though Divine was not disabled, “JBS Carriers regarded Divine and other aggrieved individuals as disabled,” according to the EEOC suit.
“A job candidate should be evaluated based on his or her ability to do the job, not based on the ability to pass an arbitrary medical exam or onerous physical testing that is not related to the actual job requirements,” Mary O’Neill, a regional attorney with the EEOC, said in a statement. “This arrangement operates to outsource disability discrimination.”
ErgoMed screenings are still employed by JBS Carriers, according to the EEOC, leading officials to describe the alleged discrimination as “systematic.”
Officials with JBS USA — which previously did business as Swift before being purchased by Brazilian company JBS SA — say the company strongly disputes the suit and will “fully defend our interests.”
“We enjoy a diverse workforce and work hard to provide an inclusive environment of opportunity for all of our team members,” the company said in a statement. “These false accusations are inconsistent with our culture and do not reflect the values of the company.”
ErgoMed is not a plaintiff in the suit and EEOC officials say there are no plans to pursue a case against the company at this time. Official with ErgoMed declined to comment on the suit Monday.
The EEOC is seeking relief including back wages and compensatory and punitive damages on behalf of Divine and others.
