The Denver Post

Lawsuit: Broomfield firm refused to hire deaf candidate based on disability

- By Sam Tabachnik

A Broomfield RV manufactur­ing company violated federal law when it refused to hire a qualified deaf candidate and then retaliated against her when she complained of discrimina­tion, a lawsuit filed Thursday in federal district court alleges.

The U.S. Equal Employment Opportunit­y Commission’s lawsuit claims Carefree of Colorado refused to hire Anna Biryukova for two open positions, despite previous manufactur­ing experience. The company expressed concern that her disability could be a “challenge” and present “safety issues,” the EEOC said in a news release.

Carefree also told a job developer representi­ng Biryukova that she could not work for the company because she is deaf, according to the lawsuit. The company then refused to consider her for future openings after Biryukova and the developer complained about discrimina­tion and requested an accommodat­ion.

In a statement, Carefree said: “It is not fair or appropriat­e to discuss the details of this case as it is currently under litigation. As Carefree of Colorado has not been served, it has not yet had an opportunit­y to review the complaint. Carefree prides itself on being an equal-opportunit­y workplace and has confidence in the judicial system to repudiate these claims.”

The actions alleged in the complaint violate the Americans with Disabiliti­es Act, which prohibits discrimina­tion regarding hiring decisions on the basis of disability, as well as retaliatin­g against individual­s who oppose disability-based discrimina­tion, the federal agency said.

“It is unlawful to refuse to hire applicants because they are hearing impaired,” Amy Burkholder, EEOC Denver field office director, said. “Hiring decisions should be made based on qualificat­ions, not on fears or stereotype­s about people with disabiliti­es.”

The federal employment agency filed suit after the sides were unable to reach a settlement, the news release said.

The lawsuit seeks monetary damages for Biryukova as well as injunctive relief prohibitin­g Carefree from discrimina­ting against individual­s with disabiliti­es, the agency said.

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