The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit against a health system for discriminating against a registered nurse and a class of employees because of their disabilities.
The EEOC’s lawsuit states that the health system requires employees with disabilities to compete for reassignment to a new position even when reassignment is needed as a reasonable accommodation for an employee’s disability. The lawsuit further states that the health system misrepresents and manipulates employment opportunities to prevent employees with disabilities from obtaining accommodations, retaliates against employees who ask for accommodations or complain about discrimination, and otherwise interferes with employee rights under the American with Disabilities Act (ADA).
A registered nurse (RN) who had been employed for over 30 years at the health system lost her job because she needed leave for a disability. The health system refused to hold her job open until she could return to work and posted her position as a vacancy shortly before she was expected to return. When the RN was released to return to work, the health system refused to allow her to return to her old position and removed the job posting so she couldn’t apply for her previous position.
The RN did apply for other vacant positions for which she was qualified within the health system, but the system required her to compete with all other applicants for the vacant positions. The health system did not reassign her to any of the vacant positions as a reasonable accommodation, and then terminated her employment. The lawsuit further states that the health system subjected a class of employees to similar disability discrimination and retaliation.
The EEOC filed the lawsuit after attempting to reach a prelitigation settlement through its administration conciliation process. The EEOC is seeking permanent injunctive relief prohibiting the health system from discriminating against applicants or employees because of disability in the future, lost wages, compensatory and punitive damages, and other relief.
District Office Regional Attorney Debra Lawrence stated, “Instead of accommodating employees with disabilities, [the health system] employs policies and maneuvers designed to discourage employees from asking for an accommodation and to force them out of [their] workforce when they do. Such retaliation and interference with employees’ rights under the ADA cannot be tolerated.”
Additional information about the EEOC can be accessed at: Home | U.S. Equal Employment Opportunity Commission (eeoc.gov).
Issue:
Disability Discrimination is prohibited in the workplace. When there are concerns about an employee returning to work after an illness or injury, human resource personnel should be contacted immediately. Every effort should be made to have the employee evaluated to determine any limitations and specific duties that the employee can perform. While federal law prohibits discrimination in the workplace, most states have enacted their own additional laws regarding workplace discrimination. It is essential that administration and human resource personnel are aware of their state-specific laws.
Discussion Points:
- Review your policies and procedures for prevention of discrimination and retaliation. Ensure that your state’s laws for discrimination and retaliation are included in the policies and procedures. Update policies as needed.
- Train staff about their rights to be free from discrimination and retaliation in the workplace. Teach staff to report any concerns of discrimination or retaliation to their immediate supervisor, the administrator, human resource department, the compliance and ethics officer, or through the facility’s hotline.
- Periodically audit by anonymously polling staff to determine if they may be experiencing discrimination or retaliation in the workplace, or if they have observed it happening to others. In addition, ensure that all staff are aware of how to report any concerns of discrimination or retaliation to themselves or others.
