Refusal To Provide Alternative Pre-Employment Testing To Pregnant Applicant Violated ADA

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An Orange County jury awarded plaintiff Dahlia Vargas, a candidate for a dispatcher position in Long Beach’s police department, $54,000 in damages.
United States Employment and HR
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An Orange County jury awarded plaintiff Dahlia Vargas, a candidate for a dispatcher position in Long Beach's police department, $54,000 in damages and an additional $376,316 in attorneys' fees and costs following her unsuccessful application for employment. Vargas' application was accepted and she passed the civil service exam, typing test, interviews, and physical exam. Her candidacy stalled during the final stage of the application process, however, when the polygraph administrator refused to screen her because she was pregnant. Vargas alleged she offered to waive any claims associated with the test so that she could complete the process, but was denied. Her other requests to accommodate the pregnancy — for instance, by placing her candidacy on hold until she had given birth (rather than starting the process anew) — were also denied. The jury found the city unlawfully failed to accommodate Vargas' pregnancy.

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