Indiana-based trucking company Celadon, Inc, violated the Americans with Disabilities Act (ADA) when it subjected applicants to medical examinations and failed to hire qualified applicants because of disabilities or perceived ones, the U.S. Equal Employment Opportunity Commission (EEOC) contends in a lawsuit it filed on February 29.

The EEOC’s suit asserts that Celadon performed medical examinations on applicants for driving positions before making conditional offers of employment to them (EEOC v Celadon Trucking Servs, Inc, SDInd, No 1:12-cv-0275-SEB-TAB). According to the commission, Celadon conducted these examinations in a manner inconsistent with the standards articulated by the U.S. Department of Transportation / Federal Motor Carriers Administration, and then used the results of those non-compliant examinations to reject qualified applicants Celadon thought were disabled.

“Under the ADA, an employer cannot conduct a medical examination of a job applicant until the employer has given the applicant a job offer conditioned upon the applicant passing the examination,” explained Laurie Young, Regional Attorney for the Indianapolis District Office of the EEOC.

The commission is seeking compensatory and punitive damages against Celadon, as well as other relief, including a permanent injunction to prevent the company from engaging in any further employment practice that violates the ADA.