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Friday, July 3, 2009

Glenn O. Hawbaker, Inc. Sued By E E O C

Job applicant sues Hawbaker

Man says firm wouldn't hire him after learning he has diabetes

Centre Daily Times

The Equal Employment Opportunity Commission has filed a civil suit against Glenn O. Hawbaker Inc., on behalf of a Tyrone man.

In its lawsuit, the EEOC alleges that in May 2007, Hawbaker had extended a conditional job offer to Christopher Woomer as a heavy equipment operator. However, when Woomer attended a post-job offer company physical, it was revealed that he has diabetes. The EEOC alleges Hawbaker rescinded the job offer once it learned about the condition.

In its suit, the EEOC alleges Hawbaker violated the Americans with Disabilities Act when it refused to hire Woomer.

When reached Thursday afternoon, the Hawbaker company declined to comment on the pending litigation More...

26 comments :

Anonymous said...

So, I don't have any arms...would you hire me as a juggler?

Anonymous said...

Well, if an employer cannot refuse to hire someone because of a medical condition, then why do they even bother with physicals? Makes no sense. Would you want a guy operating heavy equipment for you, if there were a chance he could pass out and drive a bulldozer through your house? Didn't think so.

Anonymous said...

Cause we all know lots of diabtics that pass out. Get a grip. The company does not want to hire him because of the cost of insuring him.

Anonymous said...

I am a diabetic and hold a full time job however my condition is controlled by diet only. the question is how severe was the mans
condition?

Anonymous said...

Holding a job and holding a job where you can potentially be responsible for the people working with you are two different things. As a heavy equipment operator, co-workers could be injured if the man suffered a diabetic episode while working. It's not discrimination, it's protecting your employees.

Anonymous said...

I am a diabetic that uses an insulin pump and hold a full time job I too would be very offended if I was turned down for a job because of my diabetes, on the other hand you don't qualify for disability so you have to work
guess you have to be an illegal alien or have "back injuries" to get disability
diabetes treatment has come along way and is very controlable now with pumps even pro football players have them check them out
mini med has about the best 1 on the market.
cudos to Mr. Woomer for trying to support his family

Anonymous said...

If that's what Ho-Bakers are worried about then they should have atleast attempted to offer him a less dangerous job. BAD HIT FOR HO-BAKERS

Anonymous said...

As long as the condition is undercontrol with meds I see no reason for a diabetic to have to pick only certain jobs. I know several people who are diabetic and never once has any of them passed out becuase they keep it under control with diet and or meds.

Anonymous said...

What do the following professions have in common:
Brain Surgeon, Lawyer, Truck driver, Teacher,FireFighter Nurse, Policeman and Pilot ????

SOME PEOPLE IN ALL OF THESE PROFESSIONS HAVE DISABILITIES INCLUDING: diabetes,Epilepsy, Club foot & Hair lip... Hawbakers had no right to reject this mans job .. no right at all.. I hope they get what they deserve.

Anonymous said...

It sounds like they made him a job offer BEFORE the physical. That was Hawbakers mistake. That's why they are called "pre-employment" physicals so you can find these things out before you offer a job.

Anonymous said...

I am pretty sure you can not have a CDL license if you are diabetic.

So there are some limits with this illness.

Maybe some of you people posting your comments on here should start up your own business instead of looking for work at others expense...it is not as easy as one might think!

There are tons of rules and regulations, and the hiring of employees is just one small one!

Anonymous said...

save a tree, shoot a lawyer, save all that money on paper work..........

Anonymous said...

Poster july 3 10:36 PM(looking for work at others expence)What a jackass statement!!!Get off your high horse!! All people have to live and try to earn a living.If you are in business i feel sorry for your employees!!!

Anonymous said...

Bunch of Liberal Socialists is what you all are. No one "deserves" a job. If you ask me it should be completely up to the employer, regardless. Some free country, I own a business and the government tells me who I can and cannot hire. If Hawbaker isn't comfortable hiring this man, then they shouldn't have to. Get a life America, we're all born "equal", that doesn't mean we have to force everyone to stay that way. Make you own darn way, that's what made this country. It's no wonder our government is oversized and broke, Americans now want the government to do everything for us. Welcome to A Brave New World.

Anonymous said...

If you are a diabetic and it is under control, you CAN have a CDL license. If though, it comes up uncontrolled during the test at the physical in which they do a urine dip, the person may fail the physical, but a diabetic can get one.

ECL said...

For the comment at 7/4/09 at 0919. I almost agree with you, the Gov't is too large they have their hands in things they have no business, etc. But to trust the employer ... I just don't see it. All to often we have seen companies steal from their employees with the idea that they will pay it back if the company survives. The companies are not looking out for their employees, they are looking out for the company.
You say "if the company is not comfortable hiring this man, they should not have to." Well if diabetes is a sufficient reason not to hire a person that means that 24 MILLION people in the United States are not hirable (according to the CDC).
No I don't think I'm going to leave this to the goodness of the employers heart.
This country was founded on the right of the individual not the rights of the employer.

Anonymous said...

July 4, 2009 9:19:00 AM
Amen!

Anonymous said...

You can not hold a CDL if the only means of controlling the diabetes are with injections of insulin. If it can be controlled with diet or pills you're free to holdthe license.

Anonymous said...

BOLOGNA

Mr Realistic said...

I don't know what everyone is so upset about......a job is a job....the country needs window washers and garbage collectors too....

Anonymous said...

Mr. Realistic you are so right.

I am wondering if this was planned by the applicant!?

Why wouldn't he make the company aware of this before applying?

Try paying workers comp. and or general liability & phys damage insurance when you employ someone with this known illness...when is the EEOC going to protect the employer if they are forced to hire someone that is diabetic...a very large financial burden! Oh that's right, politicians are in bed with the insurance companies so the employer gets screwed, but that is okay!

And lets not forget health insurance rates...previous conditions...if it offers group insurance, guess what? The group rates go up at the next renewal, ya being a business owner is great!

And we are to feel sorry for doctors that say their malpractice rates are too high?! They do not "build" the hospital they work at, they do not "buy" the testing machines...they go to college and pay for the education they receive, try paying workers compensation, motor truck cargo, general liability, physical damage, land, building, and equipment insurance. AFTER you have had to invest in the land, buildings, equipment and trucks...then I will care!

If Hawbaker isn't comfortable hiring this man, then they shouldn't have to. Guess business owners should not have as many rights as their employees? Get real!

Anonymous said...

Dear applicant, call career link, Empereon is looking for employees.

No heavy equipment involved where you could be a danger to yourself or others!

Anonymous said...

I have to admit... when I apply for a job I don't have anywhere on there my current health condition. Not if I don't think it will affect my performance. If this person doesn't think it will affect his work, then there's no reason to say anything about it.

Quick question - those of you who think it's quack that this man would want to work, and that he's only doing it for the insurance and at Hawbaker's expense (for shame!) - how else is this man supposed to have money to get insurance, if this is his trade?

With the way health insurance is currently set up, it is the job of the employer to provide it - particularly as it is priced in such a way that individuals would have a difficult time paying for it out of pocket.

Anonymous said...

"With the way health insurance is currently set up, it is the job of the employer to provide it"...

FYI the group insurance that is "offered" is based on the health of the group as a whole. The healthy ones pay more because the insurance company can not legally charge more to the ones that are over weight and unhealthy! And they are the ones that cost the insurance company and company they work for more money! And I DO know this for a fact! And by the way just because this employee is offered insurance does not mean his "pre-existing" illness is forgotten! So this person will not only cause the group coverage rates to go up for the employees and the company AND will not get the coverage they are looking for because he all ready has the illness before coverage begins!

"how else is this man supposed to have money to get insurance, if this is his trade?"...Do to his current health he should seek a different trade or start his own business...

Anonymous said...

"It sounds like they made him a job offer BEFORE the physical. That was Hawbakers mistake." Rubish....Every job interview and subsequent job offer has gone the following way: 1 - Send in resume or call a number. 2 - Interview/skills test. 3 - Job offer including explainationof benifits. 4 - Physical and drug test. 5 - Get job.

Note that step 3 is an "offer" sometimes refered to as a "conditional offer". This means that if you do not pass the physical or drug test, the offer can be pulled and given to the another applicant. By signing the "offer" letter you are agreeing to the terms layed out int the "conditions for employment."

This is the problem with the media and government today. We only have one persons accusation and side of the story. Many of the posters here are jumping to conclusions without all the facts. I'd like to see the "offer" letter. What were the terms of employment? Was the diabeties condition "known" or was it found out during the physical? If it was known and Hawbaker indicated that it may be a reason for a no-hire status and the person lied, then too bad, so sad. Point is, lets get all the facts before condemming Hawbaker.

Side note: I am fed up with the sue crazy society and culture we have morphed into......

Anonymous said...

My husband is now being discriminated against by Hawbaker. This company does not care about its employees or family!!!! They treat workers so differently. They would not hire a capable guy with diabetes but they have guys there running the plant (not running!) while they sleep!!! He never answers radio, phone...cuz he is napping!! Wait, gets better...moved him to Williamsport and gave him a raise!!!! Safe?? Really?? Cant comment too much...maybe getting lawyer. Where are these people who are to be checking on mine safety when you need them? Mr Hawbaker, do you really know whats going on with your workers...supervisors?