The U.S. Equal Employment Opportunity Commission has settled its first lawsuit for violations of the Genetic Information Nondiscrimination Act of 2008, and has filed a second suit.
EEOC filed and quickly settled a suit against Tulsa, Okla.-based Fabricut Inc., a fabric distributor, charging the company refused to hire a woman based on a perceived and unconfirmed disability, which violated the Americans with Disabilities Act, and violated GINA by asking for a family medical history. Fabricut agreed to pay a $50,000 fine and to implement workplace anti-discrimination policies and training. The consent decree, courtesy of the Manatt law firm, is here.
EEOC also recently filed suit against The Founders Pavilion, a Corning, N.Y.-based nursing home and rehabilitation center, alleging violations of GINA, ADA and the Civil Rights Act. Under GINA, the agency alleges Founders requires pre-employment medical exams, repeated annually upon employment, that include requests for a family medical history. Other alleged violations under the other laws include firing an employee after refusing to accommodate her rights under the ADA, fired two other women because of perceived disabilities under the ADA, and refused to hire or fired three women because of pregnancy, violating Title VII of the Civil Rights Act of 1964.
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