Legal Disability

Published January 10, 2012

Two companies are being sued for employment discrimination against the disabled by the U.S. Equal Employment Opportunity Commission over a prohibition on hiring an epileptic for a construction project in Georgia.

Garney Construction Co. was awarded a contract with Georgia Power Company for a power plant construction project there. The power company’s contract required operators of front-end loaders on the project to pass a physical exam established by the Department of Transportation and the American Society of Mechanical Engineers. Both exams can’t be passed by epileptics on the medication taken by the job applicant, even though he has been seizure-free since 1988.

The EEOC says this violates the Americans with Disabilities Act, calling it a “myth” that the company risks on-the-job accidents by hiring epileptics.

Source: Equal Employment Opportunity Commission, “EEOC Files Suit Against Garney Construction and Georgia Power for Disability Discrimination; Company Withdrew Job Offer to Applicant With Epilepsy Because of Contract With Electric Utility Company,” September 30, 2011 via