ADA Violations “Widespread” at California Health Care Company, EEOC Alleges in New Lawsuit

If allegations in a new lawsuit pan out, then a California-based company has violated the Americans With Disabilities Act by discriminating on the basis of disability, a record of disability, or perceived disability.

In a just-filed ADA lawsuit, the EEOC alleges that the company and its affiliates, which  operate six health care and assisted living facilities throughout California’s Central Valley, committed “widespread” ADA violations “of denying hire, accommodating people with disabilities, and ultimately firing individuals who were regarded as disabled, had a record of a disability or had an actual disability.”

Effectively this employer used medical examinations both as a sword and a shield against job applicants, according to the EEOC’s allegations. Some class members applied for jobs and were offered positions under the condition that they pass a medical examination, the EEOC said. However, the company discharged or revoked the job offers of class members upon learning of or receiving records of prior medical conditions or current medical restrictions, the suit alleges.

Here’s the EEOC’s announcement of the lawsuit.

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