Equal Employment Opportunity Commission v. Capital Healthcare Solutions, Inc., Complaint and Jury Trial Demand (W.D. Pa. Sept. 29, 2011)

This complaint, filed by the Equal Employment Opportunity Commission (EEOC) in the United States District Court for the Western District of Pennsylvania, alleges that Capital Healthcare Solutions, Inc. (Capital Healthcare) violated the Americans with Disabilities Act of 1990 (ADA) and Title I of the Civil Rights Act of 1991 by refusing to hire an individual because he had HIV.

In September 2010, Charging Party applied for a Certified Nursing Assistant position with Capital Healthcare. After receiving a conditional offer of employment, Charging Party’s physician performed a pre-employment physical and filled out a medical form provided by Capital Healthcare. The physician indicated that Charging Party had HIV, but that this would not prevent him from performing his job provided that “universal precautions,” such as gloves and face masks, were used. In early October, Capital Healthcare rescinded its offer of employment. The EEOC alleges that this revocation was due to Charging Party’s HIV status, and thus constituted an unlawful employment practice in violation of the ADA and the Civil Rights Act. Through this lawsuit the EEOC seeks, among other things, a permanent injunction prohibiting Capital Healthcare from engaging in disability discrimination, an order requiring Capital Healthcare to institute policies and practices which provide equal employment opportunities for disabled persons, and an order requiring Capital Healthcare to pay compensatory and punitive damages to Charging Party.