Hospital Violated ADA in Denying Job to Applicant With Minor Ankle Sprain, EEOC Alleges

Employers in the health care industry continue to find themselves in the legal crosshairs for their hiring decisions under the Americans With Disabilities Act.

The latest employer to tangle with the government under the law is Sharp Healthcare, a California-based operator of hospitals and medical facilities, charged by the Equal Employment Opportunity Commission with denying employment to a job applicant because of her perceived disability.

It was no more than a minor ankle injury, according to the EEOC.

Despite this, Sharp rescinded a job offer for a surgical scrub technician position after a post-offer medical examination “due to a minor ankle ailment that would not have affected her job performance.”

After the denial of hire, the applicant was hired into the same position at another medical facility, the EEOC said.

After a job is offered to an applicant, the ADA allows an employer to condition the job offer on the applicant answering certain medical questions or successfully passing a medical exam, but only if all new employees in the same type of job have to answer the questions or take the exam.

Medical exam or not, the employer still must base its hiring decisions on the applicant’s ability to perform the essential functions of the job.

Here’s more on the lawsuit.


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