The Oklahoman

Feds file age, disability complaint against Purcell contract driller

- Business Writer pmonies@oklahoman.com BY PAUL MONIES

The federal Equal Employment Opportunit­y Commission filed a complaint Wednesday against a Purcell-based drilling contractor, alleging it discrimina­ted against job applicants older than 40 and those who had filed workers’ compensati­on claims.

The commission said Horizontal Well Drillers LLC violated federal age and disability discrimina­tion laws in its hiring process, including putting notations on job applicatio­ns about family medical history, age and previous disability or workers’ compensati­on claims. The infraction­s date to at least 2012, the complaint said.

Through a representa­tive, company officials said they were reviewing the complaint Wednesday afternoon with their attorneys and had no immediate comment.

The EEOC complaint said a former CEO at the company, Steve Akerman, reviewed all applicatio­ns for rig positions, including derrickhan­d, motorhand and floorhand. Staff highlighte­d portions of the applicatio­ns dealing with age, medical and family medical history, and the CEO separated the applicatio­ns into two piles. Applicatio­ns that didn’t meet the CEO’s requiremen­ts were destroyed.

The company had a policy of not interviewi­ng applicants who had made workers’ compensati­on claims, authoritie­s said.

“As part of the company’s

hiring process, Horizontal Well Drillers routinely engaged a third-party vendor to perform a workers’ compensati­on background search on all applicants before the applicant’s scheduled interview and before a conditiona­l offer of employment was made to the applicant,” the complaint said.

The complaint lists at least three applicants with industry experience who were not hired who either were older than 40 or had a prior work-related injury.

“Akerman told at least one subordinat­e employee that he did not believe that people age 40 or older are able to learn horizontal drilling and that he would not hire them for positions on the oil rigs, even if they have drilling experience,” the complaint said.

Hiring qualified people with experience and ability makes sense. Refusing to hire such people because of their age or previous work-related injuries does not.”

James R. Neely Jr., director of the EEOC’s St. Louis District office

Investigat­ion began after complaint

The investigat­ion came after a Horizontal Well Drilling applicant, Wilbert Glover, filed a complaint in April 2013 alleging employment discrimina­tion on medical history grounds. The company hired Glover as a derrickhan­d and directed him to take a medical exam and lift test. A company doctor cleared Glover to work, but the company discharged him after receiving a report noting high blood pressure, the complaint said.

The EEOC also said the company failed to maintain employment records and didn’t file required annual reports with employment data categorize­d by race or ethnicity, gender and job category.

The agency said its attempts to reach a prelitigat­ion settlement failed, and it issued Horizontal Well Drillers a notice of failure of conciliati­on in December 2016.

In its complaint, the agency seeks back pay as well as liquidated, compensato­ry and punitive damages. It also wants an injunction to prevent and address future discrimina­tion in the hiring process.

“Using stereotype­s about age and disabiliti­es to screen out applicants for high-paying oil field jobs cannot be tolerated,” James R. Neely Jr., director of the EEOC’s St. Louis District office that covers Oklahoma, said in a news release. “Hiring qualified people with experience and ability makes sense. Refusing to hire such people because of their age or previous work-related injuries does not.”

Horizontal Well Drillers operates drilling rigs in Oklahoma, Kansas, West Virginia, Pennsylvan­ia and Mexico, according to its website. The company was among three companies who won a contract last year from the Venezuelan government to drill horizontal wells in the Orinoco Belt.

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