by Robert F. Manfredo, Esq., Bond, Schoeneck & King, Albany
In January, the EEOC announced it had reached a settlement with Founders Pavilion, a former nursing and rehabilitation center in Corning. The EEOC had sued, alleging that Founders violated the Genetic Information Nondiscrimination Act (GINA).
The case marked only the third time the EEOC has brought a lawsuit alleging an employer violated GINA. It was the first time a GINA suit alleged systemic discrimination.
Out of business, must pay up
In EEOC v. Founders Pavilion, Inc., the EEOC alleged that Founders violated GINA by requesting family medical histories from job applicants during post-offer, pre-employment medical exams. The EEOC also alleged Founders violated the ADA by firing an employee after it refused to accommodate her during a probationary period, and by firing two women because of perceived disabilities.
The EEOC also claimed Founders violate...(register to read more)