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What were they thinking? Med facility pays piper for firing HIV-positive employee

Equal Employment Opportunity Commission
Tim Gould
by Tim Gould
May 16, 2014
1 minute read
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Wouldn’t logic dictate that a medical care facility would understand the rules around managing employees with chronic health issues (read: disabilities)? Then explain this recent EEOC settlement.  
Christian Care Center, a Johnson City, TN-based nursing home facility, recently agreed to pay $90,000 and furnish other relief to settle a disability discrimination lawsuit brought by the federal agency.
The EEOC charged that Christian Care violated federal law by firing an employee because the individual carries the human immunodeficiency virus (HIV).  The EEOC’s suit contended that the employee worked for Christian Care Center as a licensed practical nurse for more than a month.  When the nursing home learned that the employee was HIV positive, the employee was immediately discharged.
In addition to the monetary relief, the two-year consent decree settling the lawsuit prohibits Christian Care from discriminating against employees on the basis of a disability in the future.  The decree requires the center to provide training on employee rights under the ADA, maintain records of discrimination complaints and provide a report to the EEOC.  The decree also requires Christian Care to post an ADA notice to all employees that provides the EEOC’s contact information.
The EEOC noted that Christian Care operates a skilled long-term care nursing facility.  The facility provides on-call physician services, a licensed nursing staff and physical, speech and occupational therapy.  The facility has about 100 employees.

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