Temp agency sued for refusing to place HIV-positive worker — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Temp agency sued for refusing to place HIV-positive worker

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in Discrimination and Harassment,Human Resources

Pittsburgh-based Maxim Healthcare faces a suit from the EEOC after it refused to place an HIV-positive health­­­­care worker at a Veterans Admin­­is­­­­tra­­tion hospital.

According to the complaint, the man applied for the position and Maxim extended a conditional job offer pending a physical examination. The exam revealed the man’s HIV-positive status, but placed no restrictions on his ability to work. Despite the clearance, Maxim withdrew the employment offer.

The man filed a complaint with the EEOC alleging Maxim violated the ADA when it withdrew the offer. The parties failed to resolve the dispute through the commission’s conciliation process.

The EEOC then filed suit, alleging Maxim regarded the man as disabled when he was not and discriminated against him because of his HIV-positive status in violation of the ADA. The EEOC found no wrongdoing by the VA.

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