New York City-based BNV Home Care faces an EEOC lawsuit after staff members complained that the company sought extensive family health histories as part of an “employee health assessment.”
BNV requires applicants and current employees to complete a form detailing any family histories of diabetes, kidney disease, heart disease, high blood pressure, arthritis, mental illness, epilepsy and cancer. BNV allegedly refused to offer applicants jobs unless they completed the form and required employees to complete the form annually.
Because requesting this information violates the Genetic Information Nondiscrimination Act (GINA), the EEOC became involved.
The parties failed to resolve the matter through conciliation and now the EEOC has filed suit on behalf of the affected employees and applicants. The lawsuit seeks monetary damages and injunctive relief to prevent recurrences.