A Mendham, N.J., nursing home will pay $75,000 and furnish significant equitable relief to resolve a disability discrimination lawsuit filed by the EEOC.  The EEOC had charged Holly Manor Center Nursing Home with unlawfully rescinding a job offer to an applicant because he is deaf.

According to the EEOC's suit Stefan Denisiuk, who is deaf, interviewed at Holly Manor for an available dietary aide/assistant cook position, and was told after the interview that he was hired.  But a few weeks later, Holly Manor required Denisiuk to undergo a second interview with different managers, who grilled him about his ability to communicate, and ultimately rejected his application because of his hearing impairment.

Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits employers from refusing to hire a qualified individual because he or she is disabled.  The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. 

Under the consent decree settling the suit, in addition to the monetary relief for Denisiuk, Holly Manor agreed to change its job descriptions for the positions at issue to ensure that applicants with hearing disabilities will be fully considered for job openings so long as they are qualified.  The company also will provide training on the ADA to its managers and human resources personnel.