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Member, Beacon International Group, Ltd.
A now-defunct nursing home charged with violating the Genetic Information Nondiscrimination Act has agreed to pay $370,000 to settle a discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission, the agency said Monday.
Corning, N.Y.-based Founders Pavilion Inc. has been sold and has stopped doing any business at this point, the agency said in its statement.
The EEOC had charged that Founders Pavilion requested family medical history as part of its post-offer, pre-employment medical exam of applicants, in violation of GINA.
The EEOC also charged that Founders Pavilion fired two workers who were perceived to be disabled, in violation of the Americans with Disabilities Act. In addition, the nursing home was charged with violating Title VII of the Civil Rights Act of 1964 because they refused to hire or fired three women because they were pregnant, the EEOC said.
The EEOC said as part of a five-year consent decree resolving the lawsuit, Founders Pavilion will provide a fund of $110,400 for distribution to the 138 individuals who were asked for their genetic information. It will also pay $259,000 to the five individuals whom the EEOC alleged were fired or denied hire in violation of the ADA or Title VII.
“This is our third lawsuit since the enactment of the GINA law and the first one that is systemic,” said David Lopez, EEOC general counsel, in the statement. “Employers need to be aware that GINA prohibits requesting family medical history. When illegal questions are required as part of the hiring process, the EEOC will be vigilant in ensuring that no one is denied employment opportunities on a prohibited basis.”
A spokesman for the nursing home could not immediately be reached for comment.