$179,576 to Settle EEOC Disability Discrimination Lawsuit; Training Required

 
Wednesday, May 24, 2017
 
Harbor Hospital Inc., trading as MedStar Harbor Hospital, will pay $179,576 and furnish other relief to resolve a federal disability discrimination lawsuit filed by the EEOC.

The EEOC said that MedStar Harbor Hospital violated federal law when it refused to provide a reasonable accommodation to and instead fired Jerome Alston, a respiratory therapist, because of his disability. Alston had a kidney transplant and takes medication which compromises his immune system and increases his risk of infection. Due to his weakened immune system, Alston requested, and MedStar initially granted him, a "work-around" which excused him from working in isolation rooms with a mechanical ventilation system designed to trap infectious airborne materials. MedStar also gave some other employees similar work-arounds when requested. EEOC charged that in November 2013, when Alston again needed a work-around, MedStar refused to grant this reasonable accommodation and instead terminated him because of his disability and his accommodation request.

In addition to the monetary relief to Alston, the five-year consent decree resolving the suit enjoins MedStar Harbor Hospital from violating the ADA in the future, including refusing to provide reasonable accommodations. MedStar Harbor Hospital will revise and distribute to all employees a reasonable accommodations policy. It will provide ADA training to all managers, supervisors, human resources personnel, and occupational health department employees. The hospital will provide Alston with a favorable letter of recommendation. MedStar Harbor Hospital will also report to the EEOC on how it handles any complaints of disability discrimination and post a notice regarding the settlement.
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