Federal Agency Charged That Technology Company Refused to Hire Qualified Applicant When It Learned He is Deaf

NEW YORK - Tech Mahindra, Inc., a New York-based IT services company, will pay $255,000 to a job applicant to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the EEOC’s lawsuit, a deaf applicant provided a sign-language interpreter during an interview he had for an automation engineer position with Tech Mahindra in Rochester, New York. When Tech Mahindra realized the applicant was deaf and using an interpreter, Tech Mahindra ended the interview. Tech Mahindra then emailed the applicant and stated, “Thank you for your time today it is unfortunate that we can’t proceed with your profile. While you have the perfect skill set for this role it would be a challenge having an interrupter [sic] on-site.”

Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits a potential employer from failing to reasonably accommodate an applicant’s qualifying disability absent undue hardship. The EEOC filed suit in U.S. District Court for the Western District of New York (EEOC v. Tech Mahindra (Americas), Inc., 6:23-cv-06397) after first attempting to reach a pre-litigation settlement through its conciliation process.

In addition to the $255,000 in monetary relief to the rejected applicant, the consent decree resolving the litigation enjoins Tech Mahindra from discriminating on the basis of deafness in all phases of employment, including hiring; requires Tech Mahindra to create anti-discrimination policies and complaint procedures; directs Tech Mahindra to train its employees involved in hiring and supervision in all aspects of the ADA; and requires the company to hire an ADA coordinator to review requests for reasonable accommodation.

“This case strongly affirms the EEOC’s commitment to enforcing the ADA in all aspects of employment, particularly at the hiring stage,” said EEOC Regional Attorney Jeffrey Burstein.

Yaw Gyebi, Jr., director of the EEOC’s New York District Office, said, “All qualified applicants must be provided reasonable accommodations throughout the hiring process. Employers should look carefully at their policies and processes to ensure compliance with federal law.”

For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination. For more information about reasonable accommodations under the ADA, visit https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada.

The EEOC’s New York District Office is responsible for processing discrimination charges, administrative enforcement, and the conduct of agency litigation in Connecticut, Maine, Massachusetts, New Hampshire, New York, northern New Jersey, Rhode Island, and Vermont.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.