EEOC lawsuit filed against Hawaii car dealership, saying it wouldn't hire man with ADHD

From Pacific Business News:

The federal government is suing a Maui car dealership for failing to hire a person who was thought to have a mental disability.

The U.S. Equal Employment Opportunity Commission’s lawsuit, filed Tuesday in federal court in Honolulu, claims Valley Isle Motors Ltd. of Kahului unlawfully discriminated against a man who applied to be a salesperson in January 2005. The government said the man didn't get the job because the company assumed he had a disability upon learning he was taking prescription medication for attention deficit hyperactivity disorder.

The EEOC claims the man was denied the job even after submitting normal medical test results to Valley Isle Motors that showed he was authorized to work without any restrictions.

EEOC officials said in a statement Tuesday that they first tried to reach a voluntary settlement with the company before suing. They are suing for punitive damages and also are asking that Valley Isle Motors institute policies and programs against unlawful discrimination practices.

“Because this employee submitted to medical testing that revealed normal results, this suit illustrates the Americans with Disabilities Act’s prohibition against employers making employment decisions based on unfounded stereotypes against persons with perceived mental disabilities,” said Anna Y. Park, regional attorney for the U.S. EEOC’s Los Angeles district office, which covers Hawaii. “The employee in this case was qualified, ready, willing, and able to work, but Valley Isle Motors denied him that opportunity for discriminatory reasons.”

Scott O’Neill, general counsel for Jim Falk Automotive Group, which owns Valley Isle
Motors, told PBN Tuesday that he had not yet seen the lawsuit and could not immediately comment on it.

“Valley Isle Motors complies with all state and federal laws concerning hiring of anyone including individuals who have disabilities,” he said.