The Founders Pavilion nursing home in Corning will pay $370,000 to settle charges it violated the Genetic Information Nondiscrimination Act (GINA) and the ADA. The problem: The facility asked job applicants about their family medical histories during post-offer, pre-employment physical examinations.
The EEOC also alleged the company fired two workers it perceived to be disabled and either fired or failed to hire three women because they were pregnant.
The EEOC decided to sue after efforts to mediate the dispute failed. Before the case went to trial, the nursing home settled the case.
Under the five-year consent decree, the company that owns the nursing home will create a $110,400 fund for the 138 applicants and employees who were asked about their genetic information. It must pay $259,600 to the five employees the company fired or refused to hire.
New owners of the nursing home, as non-party signatories to the agreement, will revise their anti-discrimination policies and hiring practices to comply with GINA.