As detailed in this article, Stefan Denisiuk interviewed for for an open assistant cook position at a New Jersey nursing home, Holly Manor, and was informed that he had the job. Nursing home management later contacted Denisiuk and requested that he participate in a second interview. It was during this interview that Denisiuk was questioned about his communication abilities. According to a suit filed by the EEOC, the nursing home did not hire Denisiuk due to his hearing impairment.
A spokesperson for the Holly Manor stated, “Holly Manor and Genesis Healthcare are equal opportunity employers. We do not tolerate discrimination of any kind.”
In addition to the $$75,000 to be paid to Denisiuk as part of a consent decree reached between the parties, Holly Manor will change the job descriptions for the positions in question and will ensure that future applicants with disabilities will be given fair opportunity for jobs that they are qualified.
The Americans with Disabilities Act prohibits employers from refusing to hire qualified individuals due to a disability.
Regional attorney for the EEOC, “This case sends a message that is at the heart of the ADA: Job applicants with disabilities should be judged on their ability to do the job and should not be rejected based on preconceived, unfounded notions about their limitations.”
If you or someone you know believe they have experienced discrimination due to a disability, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609 or use our contact form.