Job applicant sues Hawbaker

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

Nick Malawskey

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 The EEOC alleges Hawbaker rescinded the job offer once it learned about the condition.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.

In the suit filed before the U.S. Middle District Court of Pennsylvania, the EEOC is asking that Hawbaker be made to create policies and programs providing for equal opportunity employment, as well as provide back pay (with interest) and other relief to Woomer, who the organization said has suffered “severe emotional distress” as a result of the incident.

“The EEOC will take action when an employer unlawfully makes a hiring decision based on ill-founded stereotypes and biases against a person with a disability rather than on his proven ability to do the job,” said Debra Lawrence, acting EEOC regional attorney.

Nick Malawskey may be reached at 235-3928.