DETROIT - Muskegon Family Care, a medical services provider located in Muskegon, Heights, MI, violated federal law by firing an employee due to a disability, the U.S. Equal Employment Opportunity Commission (EEOC) alleged in a lawsuit filed today.
According to EEOC's suit, Avis Lane worked for Muskegon Family Care as an outreach enrollment coordinator for over a month when it fired her based on information obtained during her pre-employment physical.
Firing an employee due to a disability violates the Americans with Disabilities Act of 1990 (ADA). EEOC filed a lawsuit in U.S. District Court for the Western District of Michigan (EEOC v. M.G.H. Family Health Center d/b/a Muskegon Family Care, Civil Case No.: 1:15-CV-00952) after first attempting to reach a pre-litigation settlement through its conciliation process. EEOC's lawsuit seeks back pay, compensatory damages, punitive damages, and injunctive relief -- including a court order prohibiting Muskegon Family Care from firing disabled employees in the future.
"Firing a qualified employee, who successfully performed the job for over a month, based on information obtained during a physical violates the ADA," said Laurie Young, regional attorney for EEOC's Indianapolis District. "Employers cannot use recommendations from a third-party health examiner without determining for itself whether the employee can actually do the job."
EEOC enforces federal laws prohibiting employment discrimination. Further information about EEOC is available on its web site at www.eeoc.gov.
Neal-Boylan, Leslie PhD, RN, APRN, CRRN, FAAN; Marks, Beth PhD, RN; McCulloh, Karen J. BSN, RN
AJN, American Journal of Nursing:
October 2015 - Volume 115 - Issue 10 - p 11
Federal agencies and nursing organizations say it's high time to put aside preconceptions.
Nursing students and nurses with disabilities face discrimination and bias both in schools of nursing and in the workplace. This can be overt or subtle and can take many forms. In March 2014, nurses spoke up on behalf of, and with, nurses with disabilities at a policy roundtable in Washington, DC, cosponsored by the National Organization of Nurses with Disabilities (NOND) and the Department of Labor, Office of Disability Employment Policy. Representatives from several federal agencies and national nursing organizations attended the meeting, where a plan of action was developed through the collaboration of federal agencies, nursing and disability rights organizations, nurse educators, researchers, clinicians, and nurses with disabilities.
Diversity among doctors: Students with disabilities are finding their place in medical schools—and beyond
September 25, 2015
For Jessica Dunkley, getting into medical school was no ordinary childhood dream. Deaf since the day she was born, Dunkley aspired to become a doctor when, at age 10, her aunt gave her a plastic human anatomy model with removable organs.
She didn’t think it was possible until, in her mid-20s, she happened to read about deaf doctors practising in the United States. “I realized the opportunity was out there,” and she became “determined to do medicine.” Dunkley applied to numerous medical schools and, in 2010, completed the undergraduate program at the University of Ottawa, where a sign language interpreter accompanied her to class and clinical sessions. Today, Dunkley is finishing her second year of residency in public health and family medicine at the University of Alberta—making her one of the first deaf doctors in Canada.