• 18
  • March
    2011

Discrimination in the workplace is illegal. Employers cannot legally discriminate against employees or potential candidates because of disability or perceived disabilities. However, just because it is illegal, that does not mean it does not happen.

California's John Muir Health recently settled a disability discrimination lawsuit with eight people for $340,000. The eight individuals were all denied jobs at the hospital because of latex allergies. Although the hospital may have been concerned for their safety, the U.S. Equal Employment Opportunity Commission (EEOC) said the hospital's fears were "well-intentioned but unfounded."

In the lawsuit, John Muir Health is accused of withdrawing job offers to eight individuals after learning they were allergic to latex. The EEOC said that rather than withdrawing their job offers, the hospital should have been willing to accommodate their situation and provide substitutes for gloves and other equipment that contains latex.

In the future, individuals who are applying for positions at John Muir Health will be evaluated by an allergist to determine if latex allergies will impact their work, and if so, what restrictions and accommodations would need to be provided.

In the lawsuit, John Muir Health defended itself saying that they were concerned for the applicants' safety. Because of information from hospital blood tests, the hospital believed each of the individuals had life-threatening allergies and said there was too much latex in the hospital for them to work safely. The EEOC attorney denied that claim and said they could have worked at the hospital safety by using non-latex materials. The lawsuit was recently settled, and each of the applicants found other positions in healthcare.

Source: San Francisco Chronicle, "Workers denied jobs over latex allergy settle case," Bob Egelko, 17 March 2011