Get access to the exclusive HR Resources you need to succeed in 2018.
Sign up for free email newsletters and get more SHRM content delivered to your inbox.
Is your employee handbook keeping up with the changing world of work? With SHRM's Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Build competencies, establish credibility and advance your career—while earning PDCs—at SHRM Seminars in 14 cities across the U.S. this fall.
Gain the skills you need to rise to the next level in your career. Jon us at SHRM's Leadership Development Forum, October 2-3 in Boston.
Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
A healthcare staffing service that refused to hire an HIV-positive applicant for a position that involved sitting with patients at a U.S Department of Veterans Affairs medical facility will pay $75,000 and offer equitable relief under a consent decree with the U.S. Equal Employment Opportunity Commission (EEOC).
Maxim Healthcare Services Inc. made a conditional offer to the job candidate contingent on completion of a health status certification. Maxim later refused to hire him after receiving his medical evaluation, which noted his HIV-positive status but also stated that he was medically cleared to work, the EEOC alleged. The EEOC did not allege any participation by the VA in Maxim's decision to refuse to assign the candidate because of his HIV-positive status.
After trying unsuccessfully to reach a voluntary pre-litigation settlement through a conciliation process, the EEOC filed suit in federal district court in Pennsylvania alleging violations of the Americans with Disabilities Act (ADA).
In addition to the $75,000 in monetary relief, the three-year consent decree resolving the lawsuit provides that:
*Maxim is permanently enjoined from engaging in disability discrimination or retaliation.
*Maxim will create, enforce and disseminate a policy prohibiting disability discrimination, harassment, and retaliation, and implement a complaint procedure designed to encourage employees to come forward with complaints regarding violations of its policy against discrimination, harassment, and retaliation.
*Maxim will provide training on the ADA and revise its "Health Status Statement Form" to prevent the inadvertent disclosure of medical information.
*Maxim will report to the EEOC regarding its compliance with the consent decree and post a notice about the settlement.
EEOC v. Maxim Healthcare Services Inc., d/b/a Maxim Staffing Solutions, W.D. Pa., Civil Action No. 2:14-cv-00338-MRH (Dec. 4, 2014).
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Please sign in as a SHRM member before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Get recognized as an HR expert. Earn your SHRM-CP and SHRM-SCP certification, and set yourself apart.
SHRM’s HR Vendor Directory contains over 10,000 companies