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Employer to Pay $70K to End Suit Over Refusal to Consider Applicant with Injured Arm

November 19, 2019

Dolgencorp, LLC, will pay $70,000 and provide other relief to settle charges that the owner-operator of a Georgia Dollar General violated the Americans with Disabilities Act (ADA) by refusing to consider an applicant with an injured arm. Dolgencorp is a Kentucky corporation operating more than 12,000 Dollar General retail stores across the country. In September 2015, the applicant sought a sales associate position at a Portal, Georgia, Dollar General store, where she was a frequent shopper. When she appeared for an interview, the store manager allegedly refused to interview her, stating, "I didn't know it was you," and told her that she could not work at Dollar General "with that arm." The applicant’s left arm had been injured in an automobile accident two years earlier. "Employers cannot make presumptions about a prospective employee's ability to work," said Equal Employment Opportunity Commission (EEOC) Regional Attorney Antonette Sewell. "Employers ... must understand their obligations under the law to eliminate stereotypes from the hiring process."