Maxim Healthcare Services Inc., the fifth-largest US healthcare staffing firm, will pay $75,000 and furnish significant equitable relief to resolve a federal disability discrimination lawsuit, the US Equal Employment Opportunity Commission announced.

The EEOC in March charged that Maxim Healthcare Services in Pittsburgh refused to hire a candidate for an assignment that involved sitting with patients at a US Department of Veterans Affairs medical facility because that individual was HIV-positive. According to the lawsuit, the candidate had been offered the position from Maxim that was contingent on later completion of a health status certification, which reflected his HIV-positive status but stated he was cleared to work. The lawsuit does 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.

“Maxim believes it has complied with all applicable federal and state employment laws,” said Maxim Spokesperson Rebecca Kirkham on behalf of the company. “However, this agreement allows us to avoid protracted litigation and move forward with the important work of serving our patients and clients.”

The EEOC filed the suit in US District Court for the Western District of Pennsylvania.

“The ADA prohibits employers, including those in the healthcare field, from refusing to hire qualified individuals based on their disability, including HIV status,” said Philadelphia Regional Attorney Debra Lawrence. “This settlement, including the comprehensive training and monitoring provisions, is designed to ensure that current employees and future applicants will not be denied employment opportunities based on disability.”