CNMI and EEOC settle discrimination claims
The US Equal Employment Opportunity has announced the settlement of 20 Americans with Disabilities Act charges against the Commonwealth of the Northern Mariana Islands.
The agreements were reached as a result of EEOC’s conciliation process, which was conducted by the agency’s Honolulu office and a representative from the Northern Marianas.
The settlements provides that the Commonwealth change its health screening regulations so that employers are not required to oversee or be involved in the testing of employees for communicable diseases.
As part of the settlements, the Commonwealth has agreed to insure that its health inspectors will comply with the ADA and not require employers to post confidential medical information in the work place.
The settlement agreement also calls for the CNMI to conduct ADA training with employers in its health inspection department and to publicly announce these changes to its health screening regulations through the media.
Earlier, the Hotel Association of Northern Mariana Islands has sought changes in the existing regulation requiring non-resident workers to undergo health screening because it runs counter with the federal law on equal employment.
The amendments were sought after an employee of Dai-Ichi Hotel questioned the HIV test requirement which was not related to his job as a cook and the manner in which the results were announced since the health certificates were publicly posted.
In its decision, the EEOC argued that ADA requires all information relating to an employee’s health be kept confidential, thus, posting health certificates is a violation of the federal law.
“This is a significant settlement because it brings the CNMI’s health screening regulations into compliance with the ADA. We are pleased that the CNMI has decided to resolve these matters,” said Susan L. McDuffie, San Francisco District director for the EEOC.
According to Timothy A. Riera, EEOC’s Honolulu local office director, they are “gratified that the CNMI worked cooperatively with the EEOC in reaching this agreement. This settlement with the CNMI demonstrates that the public interest is best served when parties to EEOC charges work cooperatively to resolve matters of alleged
violations of employment discrimination law.”
The US EEOC enforces Title VII of the Civil Rights Act of 1964, the ADA, the Age Discrimination in Employment Act.
