EEOC: N.J. Nursing Home Violated ADA By Reneging on Job Offer to Deaf Applicant

It’s generally bad form for an employer to offer someone a job, tell the applicant he or she has been hired, and then pull out the rug from under the applicant by saying the company is going to seek “more experienced candidates.”

When that person has a disability, you can be sure the EEOC will object if it finds out what happened.

Which explains why the EEOC this week sued a New Jersey-based nursing home that it says initially hired but then reneged on its offer of employment to a deaf applicant.

According to the lawsuit filed in U.S. District Court in New Jersey, Genesis HealthCare LLC, doing business as Holly Manor Center Nursing facility in Mendman, N.J. initially offered Stefan P. Denisiuk two-part time positions. The interviewing managers told him he was hired.

But, the EEOC says, he was later brought in for new interviews with other managers, and eventually told the home had “decided to pursue more experienced candidates.”

The EEOC says that this conduct violated the Americans With Disabilities Act.

“An employer cannot refuse to hire a qualified applicant because of a disability. Here, Mr. Denisiuk was qualified, experienced and ready to work, only to have Holly Manor pull back its job offer because of his disability. This violates federal law,” said Robert D. Rose, acting regional attorney for the EEOC’s New York District Office.

Read more about the case.

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