Air Evac EMS to Pay $59,000 in EEOC Discrimination Lawsuit

JACKSON, Miss. – Air Evac EMS, an emergency air medical transportation services company headquartered in O’Fallon, Missouri, operating more than 150 helicopter air ambulance bases across 15 states, will pay $59,000 and furnish other relief, settling a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).

The EEOC’s suit charged Air Evac with violating federal law when it rescinded an applicant’s job offer because of potential side effects of the applicant’s prescription medication. Air Evac offered the applicant a position in Cullman County, Alabama in May 2021, but rescinded the offer one month later after learning of the applicant’s prescription through a pre-employment medical screening.

“Federal law prohibits employers from refusing to hire qualified applicants because of their actual or perceived disabilities,” said EEOC Birmingham District Director Bradley Anderson. “The EEOC is committed to ensuring that companies comply with federal anti-discrimination laws.”

Such alleged conduct violates the Americans with Disabilities Act (ADA). The lawsuit (EEOC v. Air Evac EMS, Inc., Case No. 5:25-cv-01643) was filed by the EEOC in U.S. District Court for the Northern District of Alabama following voluntary pre-litigation negotiations after a resolution could not be achieved through the agency’s conciliation process.

In addition to monetary relief, the two-year consent decree entered on Oct. 6 settling the suit provides for training of Air Evac’s personnel responsible for hiring or providing human resources or drug and alcohol program services to Air Evac employees in Alabama. The decree also requires Air Evac to review and, as necessary, revise its employee handbook to provide information regarding the company’s procedures for receiving and reviewing accommodation requests and complaints of possible discrimination. Air Evac will also make annual reports to the EEOC regarding compliance with the decree during its duration.

Marsha Rucker, regional attorney for the EEOC’s Birmingham District, said, “We commend Air Evac for its cooperation in the early resolution of this lawsuit and undertaking measures to ensure that applicants do not face disability discrimination in the future.”

For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.

The EEOC’s Birmingham District consists of Alabama, Mississippi (except 17 northern counties) and the Florida Panhandle

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division; the EEOC is responsible for investigating charges against state and local government employers before referring them to DOJ for potential litigation. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.