This settlement was reached in an employment discrimination suit filed by the federal Equal Employment Opportunity Commission (EEOC) against Maxim Healthcare Services, Inc., a nationwide staffing service for nurses and other health care professionals.
According to the lawsuit, Maxim refused to hire a candidate to sit with patients at a U.S. Department of Veterans Affairs (VA) medical facility because that individual was living with HIV. Maxim Healthcare had made a job offer to the candidate that was contingent on completion of a health status certification. The EEOC charged that Maxim later refused to hire the candidate after receiving his medical evaluation, which reflected his HIV status, but noted that there was “no contraindication to working.” In announcing the lawsuit, the EEOC emphasized that the VA did not participate in Maxim’s decision to refuse the assignment to the applicant.
After first attempting to reach a voluntary pre-litigation settlement, the EEOC filed suit in U.S. District Court for the Western District of Pennsylvania alleging violations of the Americans with Disabilities Act (ADA).
Under the terms of the settlement, Maxim agrees to pay $75,000 in monetary and equitable relief. Maxim is also ordered to create, enforce, and disseminate a policy prohibiting disability discrimination, harassment, and retaliation and to implement a complaint procedure designed to encourage employees to come forward with complaints regarding policy violations.