A Maryland-based healthcare company is at the center of an employment dispute involving allegations of discriminatory hiring practices. Depending on the outcome of a lawsuit that was recently filed, the company could be forced to change their hiring practices and compensate one man who claims to have suffered damages as a result of not being hired.
According to reports, the man was told by the company that they would not hire him because he was HIV positive. His lawyer argues that this is a violation of the Americans with Disabilities Act, which prevents employers from discriminating against people with disabilities in the workplace.
A lawsuit was filed by the Equal Employment Opportunity Commission who says that the man had the qualifications to work as a “sitter,” which is a person who visits injured or sick veterans at their houses, but was not hired. It is possible that the healthcare company will argue that they were not in violation of any laws and defend themselves against the assertion that they did.
In this case, the claim that the company specifically stated that they were not hiring the man because he is HIV positive could be challenged, for example. Some people believe they have been passed over for a job because of a disability when in fact they may not have gotten a job because someone else was more qualified. However, if the company was discriminatory in their decision not to hire the man, they could be facing some serious penalties.
Employers have the right to operate their businesses as they see fit, as long as they do not violate state or federal employment laws. It is important to have clear and lawful hiring practices in place and to be sure that every person involved in the hiring process thoroughly understands what they can and cannot do in order to avoid disputes like this one.
Source: Pittsburgh Post-Gazette, “EEOC sues healthcare company for refusing to hire HIV positive man,” Rich Lord