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EEOC settles discrimination case against Towson home care agency

The U.S. Equal Employment Opportunity Commission has settled a disability discrimination lawsuit with a Towson-based home care agency accused of rescinding a job offer from an applicant who tested positive for tuberculosis.

M&R Consulting hired an applicant for a caregiving position in Towson, according to the EEOC complaint filed in June. As part of pre-employment requirements, the applicant had to do a skin test for tuberculosis. The test results came back positive but a subsequent chest x-ray showed she did not have the disease, the lawsuit states.

M&R Consulting nevertheless rescinded the applicant’s job offer, violating the Americans with Disabilities Act, the EEOC alleges.

As part of the settlement agreement, the company will pay $40,000 in lost wages and compensatory damages to the applicant. In addition, it agreed to a two-year consent decree which prohibits M&R Consulting from violating the ADA. The company will also revise its hiring procedures and establish procedures in compliance with federal law. Human resources personnel and other involved in the hiring and drug screening processes will be trained in ADA compliance, the EEOC said in a press release.

M&R Consulting did not respond to a request for comment Friday.

The case is EEOC v. M&R Consulting, LLC, 1:18-cv-01638-ELH.

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