EEOC Files Lawsuit Against Bedford Company Alleging Discrimination Based on Medical History of Applicant

Lynchburg VA - The Equal Employment Opportunity Commission filed a lawsuit in Lynchburg Federal Court against a Bedford company on behalf of a woman who says she didn't get a job because of health issues.

In the 12 page complaint, the EEOC says Bedford Weaving not only violated the Americans with Disabilities Act by asking Pamela Hedrick her medical history when she applied for a job, but also failed to hire her because of it. The EEOC also says the company violated the Genetic Information Non Discrimination Act or GINA by asking her family's medical history.

Hedrick has physical impairments, COPD, and asthma. The complaint states that among the questions on the application were whether she had health problems that would affect her working regularly, a major illness in the last 5 years, and other health related questions, plus what medications she's on. The company told her there were no open positions, but they'd keep her application active.

However the lawsuit states there were at least two vacant positions Hedrick was qualified for, and filled two days after she had applied. And during the 90 day period Hedrick's application was supposed to remain active, the company filled at least nine positions, with at least two of those hired being less qualified than Hedrick, according to the suit.

The EEOC wants Bedford Weaving ordered to stop these practices, and to provide Hedrick with back pay and other compensation to be determined at trial.

Bedford Weaving told ABC 13 Monday it has not been served with anything yet, so the company has no comment until they know what's in the complaint.

A copy of the lawsuit is included with the story.