The Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against The Founders Pavilion, a nursing and rehabilitation center for alleged violations of federal employment law by asking for genetic information during the hiring process. The EEOC is also alleging that Founders violated the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act. (Case No. 6:13-cv-06250)
According to the EEOC , Founders requested family medical history during post-offer, pre-employment medical exams of applicants, which were repeated annually if the person was hired.
Such alleged conduct is in violation of the Genetic Information Nondiscrimination Act (GINA). GINA prevents employers from demanding genetic information, including family medical history, and using that information in the hiring process.
The EEOC further charged that Founders fired one disabled employee after the company refused to accommodate her during her probationary period, in violation of the Americans with Disabilities Act (ADA). In further violations of the ADA, the lawsuit charges that Founders fired two women because of perceived disabilities and either refused to hire or fired three women because they were pregnant, in violation of Title VII of the Civil Rights Act of 1964.
“GINA applies whenever an employer conducts a medical exam, and employers must make sure that they or their agents do not violate the law,” said Elizabeth Grossman, the regional attorney in the EEOC’s New York District Office. “Here, not only did the employer ask for prohibited information, it also discriminated against individuals with disabilities or perceived disabilities as well as pregnant women.” This being said, employers cannot obtain genetic information from applicants or employees.”
If you have suffered discrimination or wrongful termination in violation of Federal or California State Employment Laws, please call California Employment Attorney, Todd M. Friedman at 877-449-8898 for a free consultation.