Viewpoint and CampusPoint sued by EEOC for discrimination on the basis of disability | United States Equal Employment Opportunity Commission (EEOC)
Software Developer and Staffing Company Illegally Reject Deaf Job Seeker, Federal Agency Fee
PORTLAND, Ore. – Construction software developer Viewpoint, Inc. and its recruiter, CampusPoint Corporation, broke federal law by refusing to host or hire a qualified deaf candidate, the United States Equal Opportunity Commission in employment matter (EEOC) indicted in a lawsuit filed today.
The EEOC survey found that CampusPoint had selected the candidate for an analyst interview with its client Viewpoint, with both companies agreeing that he was highly qualified and that his experience was “ideal”. However, when the claimant requested an ASL interpreter for an upcoming group interview, the companies mistakenly assumed that he would need a full-time interpreter to follow him if he was hired. Instead of reviewing the accommodations available or discussing the matter with the claimant, the companies simply rejected him because of his disability.
Rejecting a qualified candidate because of a disability violates the Americans with Disabilities Act (ADA). The EEOC filed a lawsuit in the United States District Court for the District of Oregon (EEOC v. Viewpoint, Inc. and CampusPoint Corporation, Case No. 3: 21-cv-01429-SB) after filing first attempted to reach a pre-litigation settlement through its conciliation process. The EEOC seeks pecuniary damages for the plaintiff and an injunction, which typically includes training on anti-discrimination laws, posting notices on the job site, and reporting compliance.
“It is absolutely essential in the hiring process that companies assess the abilities of individuals and do not let fears and stereotypes about their disability get in the way,” said Nancy Sienko, Acting District Manager for the District of San Francisco of the EEOC, which includes Oregon. She added: “Removing barriers to hiring, in particular discriminatory hiring practices against people with disabilities, is one of the six national priorities identified by the Strategic Implementation Plan (SEP) of the Commission. “
EEOC Senior Counsel Teri Healy said: “There are many ways a person can be accommodated in the workplace. The ADA requires employers to explore these options rather than insisting that work be done exactly the same way it has been in the past.
CampusPoint, a recruiting agency with offices in Portland, Oregon and Seattle, Washington, recruits students and recent graduates to work for its clients as temporary “try before you buy” employees, with the goal of converting them as permanent employees. Portland-based Viewpoint, Inc. develops software for the construction industry. According to its website, www.viewpoint.com, Viewpoint, a Trimble company, had revenues of more than $ 2.7 billion in 2018, the same year as the plaintiff.
The EEOC advances opportunities in the workplace by enforcing federal laws prohibiting discrimination in employment. More information is available at www.eeoc.gov.