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ARTICLE ID 195869

$________ – EEOC – Disability discrimination – Staffing agency allegedly refused to hire HIV-positive applicant – Violation of ADA.

U.S.D.C., W PA

In this action, the U.S. Equal Employment Opportunity Commission accused a staffing service of disability discrimination. The matter was resolved through a consent decree.

The defendant, Maxim Healthcare Services, Inc., is a nationwide staffing service for nurses and other health care professionals. The complainant, in this matter, was given a conditional job offer for a position at its Pittsburgh, Pennsylvania branch contingent on their completion of a health status certification. The position involved sitting with patients at a U.S. Department of Veterans Affairs (VA) medical facility. The complainant, who was identified in the lawsuit via pseudonym, was refused hire after his medical evaluation, which medically cleared him, also revealed that he was HIV-positive.

The EEOC filed suit in U.S. District Court for the Western District of Pennsylvania after first attempting to reach a pre-litigation settlement through its conciliation process. The defendant was accused of disability discrimination in violation of the Americans with Disabilities Act (ADA). The EEOC sought injunction against future violation of the ADA, as well as monetary relief for the complainant. The EEOC did not allege any participation by the VA in the defendant’s alleged behavior.The matter was resolved via settlement for $________ in monetary relief, as well as a three-year consent decree. The decree requires defendant create, enforce, and disseminate a policy prohibiting disability discrimination, harassment, and retaliation. The defendant must also implement a complaint procedure to encourage employees to come forward with complaints regarding violations of its anti-discrimination policy. They will also provide training on the ADA, revise their "Health Status Statement Form" to prevent the inadvertent disclosure of medical information, and post a notice regarding the settlement. The defendant will report on its compliance to the EEOC for the term of the decree.

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