The headline above says it all – need we repeat out “low hanging fruit” or “fish in a barrel” mantras? Or should we let the EEOC’s press release do it for us: “Once again, an employer involved in the health care field has impermissibly allowed fear and bias to enter into the hiring process. The ADA clearly prohibits covered employers, including those staffing health care positions, from refusing to hire someone based on disability.”
This time a Pittsburgh-based staffing service for nurses and other health care professionals with 360 offices nationwide refused to hire someone who already received an offer contingent upon completion of a health status certification. the certifucation showed his HIV-positive status and his offer was withdrawn. He was cleared to work, though, in a position of sitting with patients at a VA medical facility.
We said recently appropos another such case that “the EEOC seems to be saying that it will ‘challenge’ health care facilities in particular for acting as if they are above the law or feeling invulnerable simply because they ‘do good work.’”
Our takeaways today: (1) the EEOC is gunning for health care and medical facilities which may have violated the ADA (the “Americans With Disabilities Act”); (2) staffing companies also seem to be in the EEOC’s cross-hairs; and (3) don’t violate the ADA!