According to the EEOC, Maxim Healthcare Services, Inc., a nationwide staffing service for nurses and other health care professionals, will pay $75,000 and furnish significant equitable relief to resolve a federal disability discrimination lawsuit.

According to the lawsuit, Maxim Healthcare Services in Pittsburgh refused to hire a candidate for an assignment because that individual was HIV-positive. The position involved sitting with patients at a U.S. Department of Veterans Affairs (VA) medical facility. Maxim Healthcare made a conditional job offer to the candidate, who is identified in the lawsuit under a pseudonym, which was contingent on completion of a health status certification. The EEOC charged that Maxim later refused to hire the candidate after receiving his medical evaluation which reflected his HIV-positive status but nonetheless provided that he was medically cleared to work. The EEOC did not allege any participation by the VA in Maxim's decision to refuse to assign the candidate because of his HIV-positive status.

In addition to the $75,000 in monetary relief, the three-year consent decree resolving the lawsuit permanently enjoins Maxim from engaging in disability discrimination or retaliation. Maxim will create, enforce and disseminate a policy prohibiting disability discrimination, harassment and retaliation and implement a complaint procedure designed to encourage employees to come forward with complaints regarding violations of its policy against discrimination, harassment and retaliation. The staffing agency will provide training on the ADA and revise its "Health Status Statement Form" to prevent the inadvertent disclosure of medical information. Maxim will also report to the EEOC regarding its compliance with the consent decree and post a notice about the settlement.