Case details
Hospital failed to accommodate worker’s disability: EEOC
SUMMARY
$75000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
FACTS
On Aug. 18, 2008, charging party David Grandin was terminated from his Food Service Worker 1 position at Kaiser Permanente’s San Diego Medical Center facility. Grandin, who suffers from hydrocephalus, originally began working in the food service worker position at Kaiser on June 23, 2008. His condition involves the abnormal accumulation of cerebrospinal fluid in the brain, causing Grandin to have difficulties with memory, dizziness, concentration, and focusing. In July 2008, Kaiser’s department administrator met with Grandin to inform him that he was not meeting performance expectations because management believed he was slow in performing his duties and because Grandin could not stock food supplies at stations throughout the hospital due to him getting lost. Grandin claimed he requested additional training time and the assistance of a temporary job coach to effectively learn the job and perform with his disability. However, he claimed that his request was denied and his job was terminated on Aug. 18, 2008. Grandin filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission, alleging that his former employer violated Title I of the Americans with Disabilities Act. The EEOC issued a Letter of Determination to Kaiser Permanente, finding reasonable cause to believe Grandin was discriminated against because of his disability. After the parties failed to resolve the charge through reconciliation, the EEOC sued the operator of Kaiser Permanente, Kaiser Foundation Hospitals, for alleged violations of the ADA. The EEOC alleged that Toward Maximum Independence, a non-profit organization in San Diego specializing in assisting people with disabilities, was available to provide the temporary job coaching services to Grandin free of charge to Kaiser, but that Kaiser failed to engage in an interacting process with Grandin or TMI to determine how a temporary job coach could be a reasonable accommodation to help him perform his job duties. The EEOC claimed that instead, Kaiser denied Grandin’s request for reasonable accommodation of a temporary job coach and subsequently placed Grandin on administrative leave before terminating his employment. Thus, the EEOC claimed that Kaiser discriminated against Grandin on the basis of his disability by failing to provide a reasonable accommodation for Grandin’s known limitations., The EEOC sought reinstatement of Grandin’s job or front pay, in addition to recovery of Grandin’s past lost wages. It also sought recovery of compensatory damages for Grandin’s emotional distress, as well as punitive damages. In addition, the EEOC sought an injunctive relief, with the intention of preventing further discrimination at the hospital.
COURT
United States District Court, Southern District, San Diego, CA
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