A federal court in Pennsylvania recently ruled a discharged nurse's disability discrimination claim can proceed to trial, based on her request for an accommodation during her interview and alleged comments by her supervisor expressing concerns over her health, alleged medical condition, and the impact on performing her job duties.
The court's June 21 ruling provides a jarring illustration of why words matter – and a cautionary tale for employers on the impact that comments about employees' health and medical conditions may have in disability discrimination claims.
During her job interview with a nursing and rehabilitation facility in July 2016, Dana Rice-Smith disclosed to Misericordia Convalescent Home's director of nursing, Michael Urban, who later became her direct supervisor, that she had multiple sclerosis. Rice-Smith said she requested to use a cane when working. Urban had previously worked with her at another facility and recommended she be hired.
Soon after her hire in August 2016, however, Rice-Smith began exhibiting troubling behavior that continued throughout her employment. This included using her phone while working, attending to personal matters during work time, abusing her authority, making improper scheduling changes, instigating confrontations, insubordination, and acting to disrupt patient care and business operations.
In early October 2016, Rice-Smith reportedly suffered an on-the-job injury and began receiving workers' compensation benefits. She...
Dozens claimed returning to homophobic Bangladesh would put their lives at risk. British immigration police are cracking down on a suspected criminal network believed to be behind dozens of fake as...