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San Diego Surgical Center Sued by EEOC for Disability Discrimination

Posted by Eric Kingsley | Oct 08, 2015 | 0 Comments

Rescinded Job Offer Leads to Disability Discrimination Suit

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According to the U.S. Equal Employment Opportunity Commission (EEOC), the Sharp Memorial Outpatient Pavilion, a surgical center in San Diego, denied hire to an applicant due to a perceived disability.  The EEOC claims Sharp HealthCare, an operator of hospitals and medical facilities, violated federal law when it

rescinded an employment offer after reviewing an applicant's post-offer medical examination.

Background
According to the EEOC, in 2012, a job applicant applied for a surgical scrub technician position at the Sharp Memorial Outpatient Pavilion, a surgical center in San Diego.  The job applicant was offered the position contingent upon the passage of a post-offer medical examination.  However, Sharp rescinded its employment offer after the exam due to a perceived disability.  Sharp regarded her as disabled due to a minor ankle ailment that would not have affected her job performance, EEOC said.  After the denial of hire, the applicant was hired into the same position at another medical facility.

The EEOC filed its lawsuit in the U.S. District Court, Southern District of California (EEOC v. Sharp HealthCare, Case No. 3:15-cv-01936-H-KSC), after first attempting to reach a pre-litigation settlement through its conciliation process.  In its suit, the EEOC alleged that the health care provider discriminated against the job applicant due to a perceived disability in violation of the Americans with Disabilities Act of 1990.  The EEOC's suit seeks back pay and compensatory damages on behalf of the applicant, and injunctive relief to prevent future disability discrimination.

Anna Park, regional attorney for EEOC's Los Angeles District, commented, “We continue to see a rise in disability-related cases in the health care industry…It is important for employers to properly engage people with disabilities and not allow stereotypes to drive employment decisions.”

Proving Discrimination

While the EEOC is responsible for enforcing federal laws against employment discrimination, proving discrimination can be challenging.  If you feel you have been discriminated against due to a disability, or a perceived disability, the experienced lawyers at Kingsley & Kingsley can help. Take the first step to protecting yourself and stopping this hurtful and illegal behavior.  Take advantage of a free initial consultation by calling us toll free at (888) 500-8469 or by clicking here to contact usregarding your case.

About the Author

Eric Kingsley

In practice since 1996, attorney and firm co-founder Eric B. Kingsley has litigated complex cases and authored numerous appellate briefs in both state and federal court on behalf of the California law firm of Kingsley & Kingsley, including over 150 class actions. Mr. Kingsley concentrates his pra...

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