tci Medicare Compliance & Reimbursement - 2013 Issue 3

Staffing: Develop A 'Targeted Screen' For Better Legal Standing

Protect your HHA from discrimination claims under the new EEOC guidance. If an employee or applicant is African American or Hispanic, the Equal Employment Opportunity Commission is taking a guilty-until-proven-innocent stance on criminal background checks. And this guidance change can expose your home health agency or hospice to serious legal trouble. "Based on various statistics, the Guidance makes clear that EEOC will presume there is an unlawful disparate impact on black and Latino job applicants whenever an employer excludes applicants for employment on the basis of criminal convictions," says attorney John Gilliland with The Gilliland LawFirm PC. "This...

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