Double header today!  Two health care agencies strike out!

Earlier today I posted about a healthcare provider in San Diego which settled an ADA suit filed by the EEOC.  It had allegedly withdrawn a contingent job offer to an applicant whose later medical examination revealed a minor ankle ailment which the company perceived as a disability.

Now there’s another case involving a healthcare agency.


The second case settlement reported today by the EEOC involved a NY agency which provides companionship and home care services for seniors which entered into a consent decree in federal court in Brooklyn and agreed to pay $125,000 to settle a genetic discrimination lawsuit (“GINA”).

Two outs!

This isn’t the ADA, of course; the GINA law prohibits the “unlawful practice of collecting employees’ and applicants’ genetic information,” which this agency allegedly did by asking them questions about their family medical history on an employee health assessment form.

“Also,” said the EEOC, “the decree ensures that the revised form eliminates questions relating to genetic information, and requires BNV to conduct anti-discrimination training.”

Takeaway:  Employers should note that there are a lot of laws which you know about, but a lot which you no doubt no little about.  Both types can cause you heaps of problems!


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Richard Cohen

Richard B. Cohen is a partner in the New York City office of FisherBroyles, LLP, a national law firm. Richard Cohen has litigated and arbitrated complex corporate, commercial and employment disputes for more than 35 years, and is a trusted advisor to business owners and in-house counsel both in the United States and internationally. His clients have included Fortune 100 companies, domestic and foreign commercial and investment banks, Pacific-rim corporations and real estate development companies, as well as start-up businesses throughout the United States. Email Richard at [email protected]