Resolves Federal Lawsuit Alleging Company Failed to Accommodate and Hire Blind and Low-Vision Applicants
SAN ANTONIO — National Telecommuting Institute, Inc. (NTI), a Westwood, Massachusetts-based staffing support firm, agreed to pay $1.25 million to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
The EEOC’s lawsuit charged NTI with violating the Americans with Disabilities Act when it did not pursue placement or referral of blind and low-vision job applicants as telephone-based customer service agents when the company became aware that applicants used accessibility technologies such as screen readers to convert computer text to speech – presuming that the company’s client employers were not able to support the accommodating technology at that time. The lawsuit also alleged that NTI denied disability-related accommodations during their pre-employment application process. Both practices were unnecessary and exclusionary barriers to employment opportunities since at least 2017.
“Staffing agencies should serve as a gateway to opportunity for workers,” said EEOC Chair Charlotte A. Burrows. “The agency’s strategic enforcement plan notes the importance of ensuring staffing agencies know their responsibilities under employment discrimination laws. The EEOC will continue to use all the tools at its disposal to ensure fair and inclusive workplaces.”
“Screen reading software and other assistive technology that enables blind and visually impaired people to use computers independently can open up doors of employment opportunity, but those doors won’t remain open unless employers and those helping job seekers to secure employment also understand their obligations under the law,” said EEOC General Counsel Karla Gilbride. “I’m thrilled that the decree in this case will eliminate barriers for blind people seeking employment through NTI, and I hope it will serve as a broader reminder of the need to accommodate assistive technology in the workplace.”
This alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits employers from making employment decisions based on an individual's disability or need for reasonable accommodation and requires them to make accommodations absent an undue hardship. The EEOC filed suit, Civil Action No. 5:23-cv-01210-XR in U.S. District Court for the Western District of Texas, San Antonio Division, after first attempting to reach a pre-litigation settlement through its conciliation process.
The three-year consent decree approved by U.S. District Judge Xavier Rodriguez, requires NTI to provide internal training about rights and responsibilities under the ADA. NTI will also revise its policies and practices concerning the provision of reasonable accommodations to persons with disabilities, including blindness. The settlement calls for the appointment of an internal ADA coordinator and external monitor to ensure compliance with the measures to prevent future limitations on persons requiring accommodations such as screen reader technology.
Robert Canino, regional attorney for the EEOC Dallas District Office said, “Unfortunately, when a group of job seekers with certain disabilities is relegated to ‘For Future Consideration’ status, opportunities can be lost indefinitely. We are encouraged to see NTI’s earnest interest in committing to a more proactive effort, including working closely with other organizations that specialize in increasing opportunities for persons who simply need accommodations already known to be effective for blindness and low vision.”
The attorneys representing the EEOC in the litigation and resolution efforts include lead Trial Attorney Philip Moss, and co-counsel Shannon Black and Alexa Lang.
Also resolving claims concurrent with the EEOC’s settlement by decree was the National Federation of the Blind (NFB) and one of its members, who had moved to intervene in the government’s case. They were represented by the law firm of Brown, Goldstein & Levy LLP. The motions to intervene were pending when the settlement was reached by all parties.
For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.
The San Antonio Field Office is part of the EEOC’s Dallas District Office which is responsible for processing charges of discrimination, administrative enforcement, and the conduct of agency litigation in Texas and parts of New Mexico.
The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov.
