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In Pittsburgh, HIV test and pulled offer prompt ADA suit

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in Employment Law,Hiring,Human Resources

Pittsburgh-based Capital Healthcare Solutions faces a disability discrimination suit after it rescinded a job offer to an HIV-positive applicant.

The health care staffing company offered a position to a certified nursing assistant contingent on passing a physical examination. The exam revealed the man’s HIV status, but the testing company noted that he could perform all the job’s functions by using common precautions, such as wearing gloves and a face mask.

The EEOC sued on the applicant’s behalf, claiming Capital Healthcare rescinded its job offer solely on the basis of the man’s disability or the company’s perception that he was disabled, both violations of the ADA.

The lawsuit seeks a court order barring the company from engaging in disability discrimination, as well as back pay, compensatory damages and punitive damages for the would-be nursing assistant.

Note: Any employer that imposes restrictions greater than those recommended by medical professionals is asking for legal trouble.

{ 2 comments“ read them below or add one }

skylover December 19, 2011 at 12:30 am

Recently the porn star got HIV. So bad. HIV test is very important. Over 400 million are afflicted with H. HIV/Aids case is on the rise!! I just found the largest HIV dating and support site ==pozloving.com == It has about 680,000 members!!!! Even some celebrity are on this site!! OMG! Why so many hot guys&girls are living with HIV in the world?

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stdpal December 18, 2011 at 5:31 am

Once living with Herpes or other STDs, remember taht we’re not alone. 1 in 6 Americans has herpes. The key is to educate you and your parnter to get more information about it. HerpesLoving. com has some STD medical treatments and information. You can find someone to talk to or offer help and advice there. Or you can check with the online STD counselor on it. He is online for 4 hours everyday!

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