In May 2013, the EEOC brought this suit against Founders Pavilion, Inc. in the U.S. District Court for the Western District of New York, under the Genetic Information Nondiscrimination Act of 2008, Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991.

In this case, it is alleged that Founders has engaged in several unlawful practices.
(1) Founders requested family medial history as part of its pre-employment, return-to-work, and annual medical exams in violation of the Genetic Information Nondiscrimination Act of 2008.
(2) Founders fired a certified nurse assistant because of "concern the risk that may exist both for [her] and the residents of Founders" even though her doctor explained that she was able to work.
(3) Founders fired a certified nurse assistant because of a back injury though emergency medical personnel who examined her said that she was not injured.
(4) Founders fired a certified nurse assistant after refusing accommodating her with additional time to learn which was required by her disability.
(5) Founders did not hire a certified nurse assistant applicant because she was pregnant.
(6) Founders withdrew a certified nurse assistant position offer because it noticed the would-be employee was pregnant.
(7) Founders fired a certified nurse assistant shortly before she had an emergency caesarean section.

The EEOC and Founders agreed to settle with the following major terms:
(1) Founders would provide a fund of $110,400 for 138 individuals who were requested to submit their genetic information including their family's medical history.
(2) Founders would pay $259,600 to five individuals who were fired or denied positions.
(3) Founders and its business successor would implement new anti-discrimination policy and provide anti-discrimination training to its employees and report periodically to the EEOC.

The case was closed.

Kowa Takata - 12/25/2014


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