EEOC sues Tucson firm, saying it discriminates against people who are hearing impaired

From The Arizona Daily Star:

A federal agency has filed a class-action lawsuit against a Tucson company, charging it discriminates against people who are hearing-impaired.

The U.S. Equal Employment Opportunity Commission (EEOC) announced the legal action against Community Providers of Enrichment Services Inc. this week. The company's website says it supports individuals with developmental disabilities and serious mental illnesses, and that it has more than 1,000 employees.

Company chief executive officer Roger Deshaies says his company denies the EEOC claims. Desaies says Community Providers of Enrichment Services is looking forward to presenting its case in court.

Deshaies added that company officials were not aware of the lawsuit until they were contacted by the Arizona Daily Star on Thursday.

The lawsuit claims that two qualified deaf individuals applied for the same position at the company - direct service provider - and that both were told by the human-resources manager that they would not be hired because of their disability. The written job description for the position of direct service provider at Community Providers of Enrichment Services requires that the individual be able to hear, the commission says.

The EEOC says the policy is an illegal qualification standard that's in violation of the Americans with Disabilities Act. In addition, the EEOC says that one of the applicants requested an American Sign Language interpreter for his job interview and that the company refused, another violation of federal law.

The EEOC filed a lawsuit after attempts to reach a pre-litigation settlement failed, it said in a news release. The commission is seeking an unspecified amount of money, including back pay with interest and compensatory damages.

"Our country has many productive workers who are deaf; they should be allowed to work and contribute without being subjected to myths, fears and stereotypes about their abilities," Mary Jo O'Neill, a regional attorney with the EEOC, said in a written statement.

EEOC officials said the job qualification policy it calls discriminatory has been in place at the company at least since 2007.

REjected sought

The U.S. Equal Employment Opportunity Commission is seeking out any hearing-impaired people who applied for work at Tucson-based Community Providers of Enrichment Services (CPES) and were rejected because of their disability.

"The EEOC can and will be diligently looking for these people to recover damages on their behalf," the commission said in a news release. "Anyone who was rejected by CPES or told not to apply for work there because of a hearing impairment should contact the EEOC immediately."