Professional Service Agreement

Employer Pays $325K to End Class Allegations of Disability Discrimination

March 13, 2017

A health care operator has agreed to pay $325,000 and furnish other relief to settle charges that the California-based company violated the Americans with Disabilities Act (ADA) when, since 2012, it discriminated against a class of applicants and employees based on their disability, having a record of a disability, or being perceived as having one.

Employer denied employees accommodations for their disabilities, and refused to hire, or fired, applicants and employees who had disabilities or were regarded as such. Employer also rescinded employment offers when applicants' post-offer medical examinations indicated they had a record of a disability or had current medical restrictions. Employer required employees be completely free of medical restrictions to work.

The two-year consent decree resolving the allegations, in addition to the monetary relief, requires Employer to retain an ADA consultant to revise Employer's policies and procedures with respect to disability discrimination, provide discrimination training to the company's workforce with a focus on disability discrimination, and maintain a centralized system to track all accommodation requests and complaints. The Equal Employment Opportunity Commission (EEOC) will monitor compliance with the consent decree.