Philadelphia Employment Law News

Capital Healthcare Solutions Accused of HIV Discrimination

Capital Healthcare Solutions, a Pennsylvania-based health care staffing firm, was accused of disability discrimination by refusing to hire a nursing assistant because he had HIV. Like other forms of disability discrimination, HIV discrimination is illegal and employers who deny job opportunities to people suffering from HIV can face stiff penalties.

The healthcare company offered a conditional job offer to the nursing assistant pending a medical examination, claims the Equal Employment Opportunity Commission (EEOC). However, the company allegedly rescinded the job offer less than a month later when the examination indicated that the nursing assistant was HIV-positive.

In the medical form, the nursing assistant's doctor noted that he had HIV, but was not restricted from performing the required job tasks, so long as precautions like gloves and face masks were used. In other words, the nursing assistant could perform the job in spite of his HIV status.

However, Capital Healthcare Solutions withdrew the nursing assistant's job application anyway. The EEOC says that the company rescinded the job offer due to the applicant's HIV status.

Generally, it is illegal to refuse to hire a qualified applicant due to his HIV status. While the nursing assistant had HIV, the applicant could still perform the job and was not a threat to patients or others due to his HIV. Yet, Capital Healthcare Solutions rescinded the job offer anyway after it received the results of the medical examination due to "speculative fears or biases against individuals with HIV," says the EEOC

Capital Healthcare Solutions is accused of refusing to hire an applicant due to having HIV. Employees should know that HIV discrimination is no different than any other type of disability discrimination.

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