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September 8, 2014 • joedolson

A New Jersey entity will pay $75,000 and furnish significant equitable relief to resolve a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today. The EEOC had charged the employer with unlawfully rescinding a job offer to an applicant because he is deaf.

According to the EEOC’s suit, an applicant who is deaf, interviewed with the employer for an available position and was told after the interview that he was hired. A few weeks later, the employer required applicant to undergo a second interview with different managers, who grilled him about his ability to communicate, and ultimately rejected his application because of his hearing impairment. (EEOC v. Genesis HealthCare, LLC, et al, Civil Action No. 2:14-cv-00316).

The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. Under the consent decree settling the suit, approved by a U.S. District Judge, in addition to the monetary relief for applicant, employer agreed to change its job descriptions for the positions at issue to ensure that applicants with hearing disabilities will be fully considered for job openings so long as they are qualified. The company will be required to provide training on the ADA to its managers and human resources personnel.

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