Hospital Withdrew Job Offer Over Pregnancy-Related Impairment, Federal Agency ChargedNEWARK, N.J. – Saint Clare’s Health, a division of Prime Healthcare Services that operates two hospitals in Morris County, New Jersey, will pay $77,550 and furnish other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
According the EEOC’s lawsuit, Saint Clare’s Health hired a pregnant candidate to file a per diem EMS dispatcher position at its Dover, New Jersey facility. A few days before her start date, however, the employee was hospitalized and diagnosed with preeclampsia, a pregnancy-related impairment affecting the circulatory system. The employee then contacted Saint Clare’s human resources department about her diagnosis and asked what steps she needed to take next. Saint Clare’s Health responded by withdrawing her job offer, even though she only needed the minor accommodation of delaying her start date by several weeks. Such conduct violated the Americans with Disabilities Act (ADA), which requires that employers engage with applicants and employees to provide reasonable accommodations for disabilities absent undue hardship and prohibits employers from taking adverse action against qualified applicants and employees based on their disability. The EEOC filed suit in U.S. District Court for the District of New Jersey (EEOC v. Prime Healthcare Services – Saint Clare’s, LLC d/b/a Saint Clare’s Health, Civil Action No. 21-cv-02055) after first attempting to reach a pre-litigation settlement through its conciliation process. This case was litigated by EEOC Trial Attorneys Edumin Corrales and Caitlin D. Brown, supervised by EEOC Supervisory Trial Attorney Kimberly A. Cruz. The consent decree settling the suit provides a total of $77,550 in lost wages and other damages, along with significant non-monetary relief designed to prevent further discrimination. These provisions include an injunction prohibiting Saint Clare’s Health from discriminating against employees and candidates for employment based on disability, including pregnancy-related impairments; updates to the company’s internal policies; and mandatory training for Saint Clare’s Health employees about federal anti-discrimination law. The company must also report to the EEOC on any internal complaints of disability discrimination or retaliation it receives for the next two-and-a-half years. "It is critical for employers to understand that the law requires them to provide a reasonable accommodation to applicants with disabilities so that they can perform the job’s essential functions,” said EEOC Regional Attorney Jeffrey Burstein. “We are pleased that Saint Clare’s Health worked with the EEOC early in the litigation process to make the harmed employee whole.” EEOC District Director Judy Keenan added, “The ADA affords women with pregnancy-related impairments the same right to reasonable accommodation as other employees who suffer with non-pregnancy-related disabilities. Targeted EEO training and revisions to anti-discrimination policies that highlight pregnancy-related impairments are concrete steps toward protecting candidates and employees from disability discrimination.” The EEOC’s New York District Office is responsible for processing discrimination charges, administrative enforcement and the conduct of agency litigation in Connecticut, Maine, Massachusetts, New Hampshire, New York, northern New Jersey, Rhode Island and Vermont. The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
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Employer Fired a Hearing-Impaired Employee and Retaliated Against Her for Complaining and Requesting a Reasonable Accommodation, Federal Agency ChargesGREELEY, Colo. – Greeley, Colorado parts manufacturer Pneuline Supply, Inc., fired an employee who has a severe hearing impairment because of her disability and/or need for accommodation and in retaliation for requesting an accommodation and complaining about discrimination, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
According to the EEOC’s lawsuit, Pneuline Supply hired Lyubov Mezentseva in May 2017 as an assembler at its Greeley facility, knowing that she had a severe hearing impairment and was proficient in American Sign Language (ASL), but not English. At her job, Mezentseva communicated almost exclusively with ASL. The EEOC alleged that Mezentseva filed grievances and complaints from January 2018 to May 2018 because she was excluded from work discussions and meetings due to her hearing impairment, including an incident where a supervisor failed to communicate with her and walked away from her mid-conversation. According to the EEOC, Pneuline responded to her fourth complaint by disciplining her. Later in May 2018, after a mandatory meeting with no ASL interpreting, Mezentseva made a formal request for a certified ASL interpreter for meetings. The EEOC further alleged that Pneuline denied Mezentseva’s request for an ASL interpreter and then fired her. Such alleged conduct violates the Americans with Disabilities Act (ADA). The EEOC filed suit in U.S. District Court for the District of Colorado (Equal Employment Opportunity Commission v. Pneuline Supply, Inc., Civil Action No.: 22-00292) after first attempting to reach a pre-litigation settlement through its voluntary conciliation process. The EEOC seeks monetary relief for Mezentseva, including back pay and compensatory and punitive damages. The EEOC also seeks injunctive relief against the company to prevent disability discrimination and retaliation in the future. “The ADA clearly prohibits employers from firing employees because of a disability or the need to make reasonable accommodation for that disability,” said Mary Jo O’Neill, regional attorney of the EEOC’s Phoenix District. “And the same law expressly prohibits employers from punishing employees who complain about discrimination or request reasonable accommodation for a disability. The EEOC will continue to enforce this crucial federal law.” Amy Burkholder, the field director of the EEOC’s Denver Field Office, added, “Federal law guarantees employees with disabilities the right to work in an environment that is free from discrimination and retaliation. The EEOC will vigorously protect these rights for people with disabilities, including employees who are deaf or have hearing impairments.” For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination. Pneuline is a manufacturer of plastic valves, filters, fittings, and components used in automotive, medical, bio-pharmaceutical, chemical, agricultural, water, and beverage industry applications. Pneuline products are distributed worldwide. EEOC’s Phoenix District Office has jurisdiction for Arizona, Colorado, Utah, Wyoming, and part of New Mexico (including Albuquerque). The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates. |
AboutA news blog on issues in the community of people with disabilities and accessibility. The Center for Disability Empowerment Archives
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