Justice Department sues ALDOT for not rehiring disabled former employee
The U.S. Justice Department today filed a lawsuit against the Alabama Department of Transportation, saying the state agency did not rehire a former employee because of a physical disability that prevents him from lifting heavy objects.
“Qualified people with disabilities must have an equal opportunity to participate in the workforce,” said Kristen Clarke, assistant attorney general in the Justice Department’s Civil Rights Division, in a press release.
The 11-page lawsuit was filed in the U.S. District Court for the Northern District of Alabama, and alleges the applicant suffered “emotional distress” because of ALDOT’s actions. The lawsuit says ALDOT violated the Americans with Disabilities Act.
The suit seeks back pay with interest, sums for benefits with interest and compensatory damages.
This case, based on a referral from the Equal Employment Opportunity Commission, is being handled by the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Alabama.
Attempts to contact ALDOT for comment were not immediately successful.
According to the lawsuit, the job applicant worked for ALDOT from 1999 through 2015. He began work as a laborer, which was eventually converted to a position called Transportation Maintenance Technician, or TMT. The man was thrown from the back of a truck while on the job in October 2007, injuring his shoulder, according to the lawsuit.
The injuries required multiple surgeries that permanently affected his ability to lift heavy objects. According to the lawsuit, ALDOT provided accommodations and allowed him to return to his job in January 2009, despite the position requiring heavy lifting. He eventually was promoted to a TMT II and retired in February 2015.
According to the suit, the man applied with ALDOT to return to his former position in December 2017. Seven people were interviewed for the job, but the applicant was one of two rejected. According to the suit, an ALDOT interviewer wrote that his strength was “previous experience” and his only weakness was “can’t lift 50 lbs.”
However, none of the successful applicants had any previous working experience with ALDOT and received comments on interview notes such as “young [and] healthy,” and “youth.”
“Interview notes also mentioned that several of the successful applicants had insufficient equipment or other relevant experience and no commercial driver’s license,” the suit notes.