U.S. sues Con Edison for demanding medical exams before hiring

A Con Edison company flag is seen in New York July 1, 2012. REUTERS/Eric Thayer

By Jonathan Stempel

NEW YORK (Reuters) - Con Edison has been sued by the U.S. Equal Employment Opportunity Commission, which accused the utility of improperly requiring job applicants to submit to medical examinations and provide genetic information of family members before being hired.

In a complaint filed late on Wednesday, the EEOC also accused Con Ed of discriminating against three employees with disabilities.

It said Con Ed moved one to a lower-paying job, reduced the hours of a second, and caused a third, who had epilepsy, to lose his job by preventing him from returning to work after a car accident, causing him to exhaust his sick leave.

"We have been engaged in productive discussions with the EEOC and are confident we will resolve this matter soon," Con Ed said in an email on Thursday.

Con Ed, whose full name is Consolidated Edison Inc, provides electric and gas service in New York City and neighboring Westchester County. It employed roughly 15,000 people at year end.

In its complaint filed in Manhattan federal court, the EEOC said Con Ed's practices violated the federal Americans with Disabilities Act, the Genetic Information Nondiscrimination Act of 2008, and the Civil Rights Act of 1991.

The agency is seeking compensation and other relief for successful and unsuccessful job applicants subjected to medical examinations, and permanent injunctions against disability discrimination and the collection of genetic information.

The case is EEOC v Consolidated Edison Co of New York Inc, U.S. District Court, Southern District of New York, No. 17-07390.

(Reporting by Jonathan Stempel in New York; Editing by Bill Rigby)