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MedStar Harbor Hospital will pay $179,576 to settle a disability discrimination lawsuit

2017-05-02

MedStar also signs a five-year consent decree resolving the lawsuit and enjoins the Hospital from violating the Americans with Disabilities Act in the future.

EEOC alleged that MedStar Harbor Hospital refused to grant a reasonable accommodation and terminated a respiratory therapist because of his disability.  Jerome Alston, the respiratory therapist, 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, as well as other employees, a “work-around” which excused him from working in isolation rooms with mechanical ventilation systems designed to trap infectious airborne materials. 

EEOC alleged that in November 2013, when Alston needed another “work-around” MedStar refused his request for an accommodation and abruptly terminated him because of his disability. EEOC filed a lawsuit in U.S. District Court after attempting to reach a pre-litigation settlement through conciliation.

In addition to the monetary relief, MedStar Harbor Hospital will post a settlement notice, conduct ADA training, distribute its reasonable accommodations policy to all employees, and provide Alston with a favorable letter of recommendation.  Harbor Hospital will also report the handling of any future complaints of disability discrimination to the EEOC.

The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the government. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.