Court: U.S. District Court for the Eastern District of Washington

Judge: Stanley A. Bastian, Eastern District of WA

Date of Settlement: October 24, 2017

Total Amount of Judgment or Settlement: $175,000 ($125,000 in back pay an d$50,000 in compensatory damages). Reinstatement to position of Production Worker with retroactive seniority and full union benefits.

Basic Facts and Claims: Kaiser withdrew its job offer after applicant’s medical records revealed a workplace injury ten years prior to his application. EEOC claimed that Kaiser did nothing to assess his current ability to do the job and simply withdrew his job offer. The company ignored his work history and refused to allow him to prove his current physical capabilities.

Damages Awarded: $125,000 Lost Wages
$50,000 Compensatory Damages
Reinstatement of position with retroactive seniority and full union benefits.

Expert Witnesses: Sean Black, CPA

Attorneys:  Teri L. Healy for Plaintiff EEOC
William M. Symmes and Michael F. Niensted of Witherspoon Kelley for Defendant Taylor Shellfish

EEOC’s press release can be viewed at: https://www.eeoc.gov/eeoc/newsroom/release/7-31-17.cfm