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U.S. DEPARTMENT OF LABOR
Office of Public Affairs

OPA Press Release: American Airlines To Pay Largest-Ever Disability Settlement [08/10/2000]

In the largest settlement the U.S. Department of Labor has ever obtained for people with disabilities, American Airlines will pay nearly $1.7 million to 99 people who were denied jobs in Nashville, Tenn., and Detroit. The settlement terms were outlined in a consent decree finalized today.

"This settlement is a victory for people with disabilities," Secretary of Labor Alexis M. Herman said. "American Airlines has agreed not to engage in discriminatory hiring practices and to monitor its hiring. We have emphasized to every federal contractor that equal employment opportunity and self-monitoring are simply the way to do business today."

The settlement is the result of separate compliance reviews at the two facilities conducted by the Labor Department's Office of Federal Contract Compliance Programs. The agency found that American Airlines discriminated against job applicants with disabilities at both locations.

Some of the individuals applied for positions as ticket agents and mechanics. Most were applicants for part-time fleet service clerk positions at the Nashville airport facility. Fleet service clerks handle baggage, clean aircraft and guide planes to and from airport gates.

American Airlines used a system of numerical medical standards for screening certain of its applicants for employment and then used those criteria to deny employment. The airline routinely disqualified applicants who failed to meet its standards for a number of medical conditions, including blood pressure, vision, hearing and asthma. American stated that it had reasonable cause to deny employment to individuals not meeting its medical standard in these cases because of safety concerns. However, OFCCP and its medical experts who examined the affected individuals found that American's concerns had no medical basis and that each of them could have safely performed the jobs for which they had applied.

"This is a very important case because it once again sends a clear message that discrimination in any form, against any individual, must not be tolerated," said Bernard E. Anderson, assistant secretary for employment standards.

The settlement includes $1,695,800 in back pay and interest that will be divided among the applicants who were denied employment in Nashville and Detroit. While admitting no wrong doing, American Airlines has changed its pre-employment medical screening practices at both airport facilities to bring them into compliance with the Rehabilitation Act and the Americans with Disabilities Act. In addition, OFCCP will review, for one year, the cases of any applicant for jobs as fleet service clerks or ticket agents at the company's Nashville facility who are rejected because of medical concerns.

The federal contract compliance office enforces Section 503 of the Rehabilitation Act and other laws that prohibit government contractors from discriminating against employees and applicants on the basis of the individual's disability, race, color, religion, gender, national origin or veterans status. The laws also require pro-active affirmative action to ensure quality workplaces, free of discrimination.

For more information call: (202) 693-4650