The website is still up and running, with lots of photos of staff and patients dressing up, goofing around and having what fun can be had at a nursing and rehabilitation center in Corning, N.Y. But in the wake of a landmark lawsuit settlement with the Equal Employment Opportunity Commission, Founders Pavilion Inc. is no more.

The company operated a nursing/rehab center in upstate New York for nearly 45 years, apparently quite successfully. But as the EEOC has expanded its enforcement activities to include such discriminatory practices as the gathering or use of genetic information in the human resources process, Founders Pavilion hit a wall.

As alleged by the EEOC in its suit lodged last May, "Founders Pavilion requested family medical history as part of its post-offer, pre-employment medical exams of applicants. The Genetic Information Nondiscrimination Act (GINA), passed by Congress in 2008 and enforced by the EEOC, prevents employers from requesting genetic information or making employment decisions based on genetic information."

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Dan Cook

Dan Cook is a journalist and communications consultant based in Portland, OR. During his journalism career he has been a reporter and editor for a variety of media companies, including American Lawyer Media, BusinessWeek, Newhouse Newspapers, Knight-Ridder, Time Inc., and Reuters. He specializes in health care and insurance related coverage for BenefitsPRO.