EEOC v. Hibbing Taconite Company Is Going To Trial
Last year the EEOC filed a charge of discrimination against the Hibbing Taconite Company for denying Mr. James Edstrom, a deaf individual, employment in its mine. The EEOC contends that Hibbing Taconite rejected Mr. Edstrom, who formerly worked for LTV Mining, due to his hearing impairment, in violation of the Americans with Disabilities Act as amended (ADAAA).
On March 5, 2010, Hibbing Taconite filed a motion for summary judgment alleging it was entitled to immediate judgment in its favor because there were no disputed facts and Mr. Edstrom was not qualified for the positions he applied for due to being deaf. Mr. Edstrom applied for three positions which were in the Hibbing Taconite plant and two positions in the open pit mine. The Court granted partial summary judgment to Hibbing Taconite. It agreed there were no facts in dispute and Mr. Edstrom wasn’t qualified for the positions in the plant, but the Court found there was ample evidence on which a jury could find Mr. Edstrom could have performed the jobs in the open pit mine with a reasonable accommodation. The court stated, “The very fact that (Edstrom) successfully worked at the LTV mine pit is strong evidence that a reasonable accommodation could have been possible.”
It will now be up to a jury to decide if Hibbing Taconite discriminated against Mr. Edstrom: (1) by considering the job duties of the positions Mr. Edstrom applied for; (2) considering his disability; and (3) considering if a reasonable accommodation could be made for Mr. Edstrom. The trial is set for July 26, 2010. As a parent of a daughter with a hearing disability and a business owner in Minnesota, I will be watching this case closely and will provide an update when more is known.
