Feds allege disabilities act violation in lawsuit against Cessna

The Equal Employment Opportunity Commission has filed a lawsuit in federal court in Wisconsin against Cessna Aircraft, alleging violation of the Americans with Disabilities Act.

The EEOC said in the news release that the lawsuit alleges that the Textron Aviation-owned company rescinded job offers to William Cote, Clark Buehler and other people in similar situations at Cessna facilities across the country — including the Cessna Citation Service Center in Milwaukee — when the company learned of their medical conditions.

The federal agency said in the release that Cote was offered a position as a mechanical inspector and passed his post-offer medical examination. The EEOC said in the release that when Cote told Cessna he was scheduled for outpatient surgery for carpal tunnel syndrome, the company canceled the job offer “on the basis of the worker’s compensation estimate of average time for recovery from such surgery.” That was despite a report from Cote’s physician that he was able to work without restrictions, the EEOC said in the release.

“Workers compensation guidelines do not supersede the ADA,” John Hendrickson, EEOC Chicago District regional attorney, said in the release. “… With regard to the ADA, that means that employers must make individualized assessments of applicants and employees abilities to perform the essential functions of their jobs as soon as the employer becomes aware of impairments.”

Cessna said in a statement Thursday to The Eagle that Cote is a current employee of Cessna.

“Prior to the lawsuit, Cessna fully cooperated with EEOC’s investigation into these allegations, providing EEOC with the facts, which Cessna believes demonstrate it complied with the law and acted appropriately in its hiring practices and its treatment of applicants and employees,” the statement said. “Cessna takes pride in its commitment to equal employment opportunity and will continue to act in furtherance of that commitment.”

Cessna said in the statement it would not comment further on the lawsuit because it is in litigation, and personnel matters are confidential.

This story was originally published October 1, 2015 at 3:26 PM with the headline "Feds allege disabilities act violation in lawsuit against Cessna."