Reorganization, reduction in force (“RIF”), merger of departments – these are only a few reasons which employers give when firing an employee – and which is frequently alleged to be — and found to be a pretext in violation of Title VII, the ADEA or other anti-discrimination laws.

And also setting a performance bar too

There are two takeaways in today’s post.

First:  Beating a dead horse, we are constrained to remind health care and medical providers, yet again, that the EEOC continues to target you for ADA violations, or (in the case we will discuss), Title VII pregnancy violations; and

Second:  Be aware that Title

An Albuquerque nursing home was sued by the EEOC earlier this year for allegedly violating the ADA.  It has now agreed to settle for $145,000.   (Link:

An employee with diabetes and a heart condition requested “a reasonable accommodation” – an eight-hour day instead of a longer one. Instead, the EEOC said, the company fired

When it filed suit earlier this year,  the EEOC issued a press release which stated:  “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

This is a quote from an EEOC attorney who just commenced an ADA suit against — you guessed it — an Albuquerque home respiratory services and medical equipment company.

It underscores, if that is needed, our frequent warning to health care employers to comply with the anti-discrimination laws — especially the ADA (and now GINA

Last January, we posted about a newly-filed EEOC lawsuit which alleged that a  nursing care facility offered two part-time positions to an applicant who is deaf (dietary aide/assistant cook).  The claim was that when he was called in for a follow-up interview with different managers he was “grilled about his ability to communicate,” after which

Our most recent post on the issue was entitled Two More ADA Lawsuits Filed By The EEOC: Guess Which Companies Got Sued?”    The title refers to our repeated posts asking why the EEOC seems to target health care companies for ADA lawsuits.

What is it about health and medical care facilities that brings down