Hospital Settles ADA Suit Alleging It Withdrew Job Offer After Learning Applicant Had MS

Yet another employer drew the attention of the Equal Employment Opportunity Commission when it allegedly withdrew a job offer after learning that the applicant had a disability. This time the employer is in the health care field.

The EEOC announced today that it had settled an Americans With Disabilities Act lawsuit against Aurora Health Care, Inc., a Wisconsin-based hospital and health care organization.

According to the lawsuit, in 2009 Aurora withdrew a job offer to Kelly Beckwith for a position as hospice care coordinator upon learning during her pre-employment medical examination that she has multiple sclerosis. Beckwith had been diagnosed with MS some years earlier, but had not yet developed major symptoms. At the time she applied, Beckwith was working as a nurse and was fully qualified to perform the essential functions of the job, said the EEOC.

Aurora disputed that Beckwith had told it about her condition. But according to the EEOC, Aurora discriminated against Beckwith because of her disability by misusing confidential medical information to discriminate against her, and by using a qualification standard that tends to discriminate against those who are disabled.

Here’s the announcement of the settlement.

Leave a comment