The Equal Employment Opportunity Commission (“EEOC”) has reached a $75,000 settlement with Blue Cross Blue Shield of Texas over its allegations that the company violated the Americans with Disability Act (“ADA”) by denying employment to a deaf woman due to her disability and denying her a reasonable accommodation during the application process.
Facts and Allegations
After Sheryl Meador, a deaf woman, was unable to complete a job application with Blue Cross Blue Shield of Texas, the EEOC, acting on Ms. Meador's behalf, sued Blue Cross Blue Shield for violating the ADA.
According to the EEOC, Ms. Meador applied through an online application process for an open claims-examiner position with Blue Cross Blue Shield. As part of the application process, Ms. Meador submitted her resumé, which indicated that she met the basic requirements of the position. After submitting her resume, Ms. Meador received an email from the company with instructions about the next steps in the application. The instructions included a link to a 35-minute assessment exam that included an audio portion.
The EEOC claimed that Ms. Meador was unable to complete the audio portion of the exam because she could not hear it. The EEOC alleged that there were no captions or other visible accommodations that would allow her to complete the audio portion of the assessment exam and thereby fulfill the application process.
According to the EEOC, Ms. Meador contacted Blue Cross Blue Shield's recruiting coordinator, informed the company that she was deaf, and requested a reasonable accommodation for the audio portion of the assessment exam because of her disability.
The EEOC contended that Blue Cross Blue Shield violated federal law by denying employment to Ms. Meador due to her disability and by denying her a reasonable accommodation during the application process.
Blue Cross Blue Shield denied the allegations and maintained that no violation of federal law had occurred.
Result
The parties settled for $75,000, prior to trial. Under a two-year consent decree, Blue Cross Blue Shield must conduct annual training on the ADA and inform applicants and employees with disabilities of their rights, including the right to receive a reasonable accommodation during the application process. Pursuant to the decree, Blue Cross Blue Shield also will implement a policy for communicating with applicants who are deaf or have hearing impairment to ensure that they are able to apply for open positions without unlawful barriers.
The case is Equal Employment Opportunity Commission v. Health Care Services Corp., d/b/a Blue Cross Blue Shield of Texas, No. 3:17-CV-02626-D (N.D. Tex. March 18, 2019). Attorneys involved include: Suzanne M. Anderson; Equal Employment Opportunity Commission; for Equal Employment Opportunity Commission; Joel P. Clark; Equal Opportunity Employment Commission; for Equal Employment Opportunity Commission; Heather Nodler; Equal Employment Opportunity Commission; for Equal Employment Opportunity Commission; Lia Davis; Disability Rights Texas; for Sheryl Meador; Rachel B. Cohen-Miller; Disability Rights Texas; for Sheryl Meador; Mark D. Temple; Reed Smith LLP; Houston, TX for Health Care Services Corp.; Dennis J. Keithly; Yung Keithly LLP; Dallas, TX for Health Care Services Corp.; Paige T. Bennett; Reed Smith LLP; Houston, TX for Health Care Services Corp.
Insurance Coverage Law Center Comment
This report is based on information that was provided by plaintiff's counsel. Defense counsel did not respond to the reporter's phone calls.
To see the full detailed report from our ALM partner, VerdictSearch, please click here.
Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].