Sharp Healthcare, a San Diego regional hospital system, has agreed to pay $90,000 to a surgical scrub technician to settle charges it violated the ADA when it refused to hire her.
Sharp had conditionally offered the technician the position pending a physical examination. When the physical revealed a minor ankle injury, Sharp rescinded the job offer.
The tech filed a complaint with the EEOC alleging Sharp violated the ADA by perceiving her to be disabled when she was not. She bolstered her claim by showing she currently works in an identical position with another employer.
The EEOC filed suit after failing to resolve the dispute through its conciliation process.
In addition to the monetary damages, Sharp agreed to retain an external equal employment monitor to revise its disability accommodation policies and practices to bring them into compliance. It will also deliver annual disability discrimination training to staff and provide regular compliance reports to the EEOC.