Viewpoint and CampusPoint to Pay $225,000 to Settle EEOC Disability Discrimination Suit

PORTLAND, Ore. — Construction software developer Viewpoint, Inc. and its recruiter CampusPoint Corporation will pay $225,000 and provide significant affirmative relief to resolve a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the EEOC’s lawsuit, CampusPoint selected the applicant to interview for an analyst position with its client Viewpoint, with both companies agreeing that he was highly qualified, and his experience was “ideal.” However, when the applicant requested an ASL interpreter for an upcoming group interview, the companies erroneously assumed that he would also need a full-time interpreter to shadow him if he were hired. Instead of considering available accommodations or discussing the issue with the applicant, the companies simply rejected him because of his disability.  

Rejecting a qualified applicant due to disability or for requesting an accommodation during the hiring process or to perform the job violates the Americans with Disabilities Act (ADA). The EEOC filed suit in U.S. District Court for the District of Oregon (EEOC v. Viewpoint, Inc. and CampusPoint Corporation, Case No. 3:21-cv-01429-SB) after first attempting to reach a pre-litigation settlement through its conciliation process.

The four-year consent decree settling the suit provides $225,000 in monetary relief to the applicant, and the companies will implement ADA policies including the comprehensive evaluation of available accom­modations for the hiring process as well as on the job. Viewpoint and CampusPoint will also revise their online application website; provide equal employment opportunity training to all managers and employees with particular attention to accommodating deaf and hard-of-hearing applicants and employees; incorporate provisions in staffing agency contracts requiring compliance with the ADA; and report to the EEOC during the decree’s four-year term.

“There are so many ways to accommodate people on the job,” said EEOC San Francisco District Director Nancy Sienko. “It is critical that companies explore options for accommodation rather than insisting that the job be performed in the exact manner as in the past. Eliminating barriers in hiring, including hiring practices that discriminate against people with disabilities, is one of six national priorities identified by the Commission's Strategic Enforcement Plan (SEP).”

EEOC Senior Trial Attorney Teri Healy said, “This case was a classic example of employers succumbing to stereotypes and fears about how a disability might limit performance rather than focus­ing on the applicant’s actual capabilities. We are encouraged by the companies’ agreement to take steps to make their workplaces more inclusive and hope this suit reminds all employers of their legal obligations under the ADA.”

CampusPoint, a staffing agency with offices in Portland, Oregon and Seattle, Washington, recruits college students and recent graduates to work for its clients as “Try Before You Buy” temporary employees, with a goal toward converting them to permanent client employees. Portland-based Viewpoint, Inc. develops software for the construction industry. According to its web­site, www.viewpoint.com, Viewpoint, a Trimble Company, had revenues in excess of $2.7 billion dollars in 2018, the same year that the applicant applied.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.