In Pittsburgh, HIV test and pulled offer prompt ADA suit — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

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Pittsburgh-based Capital Healthcare Solutions faces a disability discrimination suit after it rescinded a job offer to an HIV-positive applicant.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The EEOC sued on the applicant’s behalf, claiming Capital Healthcare rescinded its job offer solely on the basis of the man’s disability or the company’s perception that he was disabled, both violations of the ADA.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.

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