Feds file lawsuit against nursing home operator

The U.S. Equal Employment Opportunity Commission filed a lawsuit against a Tulare-based corporation that runs six nursing homes and an assisted living facility, alleging hiring discrimination against people with disabilities.

Since 2012, job applicants and employees discriminated against by Magnolia Health Corp.’s practice of denying hire, failing to accommodate people with disabilities, and ultimately firing individuals who were regarded as disabled, or had a record of a disability or had an actual disability, EEOC alleges.

EEOC says the company fired or revoked job offers of employees and applicants upon learning of or receiving records of prior medical conditions or current medical restrictions. Some parties to the lawsuit allege they applied for jobs and were offered positions under the condition that they pass a medical examination.

“Requiring individuals to be free from any need for accommodation is a trend that the EEOC is seeing in our region,” said Anna Park, regional attorney for EEOC’s Los Angeles district. “Disability discrimination remains a persistent problem that needs more attention by employers.”

The EEOC did not disclose what types of employment the applicants were seeking.

Magnolia operates Browning Manor, Kaweah Manor, Merritt Manor, Porterville Convalescent, Twin Oaks Rehab & Nursing and Twin Oaks Assisted Living Center. Locations are across Tulare County.

Several calls made over two days to the corporate headquarters to request a statement form Kensett J. Moyle IV, the chief executive officer of Magnolia, were not returned. The phone would ring once and go dead on every attempt.

“Employers must try to accommodate individuals with disabilities by exploring effective ways to allow them to work provided there is no undue hardship,” said Melissa Barrios, director for EEOC’s Fresno office. “Employment decisions, such as denying hire or firing, that are made without engaging in that critical interactive process run afoul of the law.”

Magnolia Health’s alleged wrongdoing violates the Americans with Disabilities Act of 1990. EEOC filed suit in the U.S. District Court of the Eastern District of California against Magnolia Health and its six affiliated companies after what it describes as “exhaustive administrative attempts to resolve the case.”

The federal agency is seeking back pay, compensatory and punitive damages on behalf of the workers and applicants, along with what’s called “injunctive relief” to prevent future discrimination.

Eliminating barriers in recruitment and hiring, especially class-based recruitment and hiring practices that discriminate against racial, ethnic and religious groups, older workers, women, and people with disabilities, is one of six national priorities identified by the EEOC’s Strategic Enforcement Plan, the agency said.

Dennis Taylor covers health issues for the Visalia Times-Delta. Email him at dtaylor@gannett.com