ST. JOSEPH'S COMMUNITY HOSPITAL TO PAY $70,000 UNDER DECREE TO END EEOC DISABILITY BIAS SUIT

Federal Agency Said Type-1 Diabetic Nurse Fired After Seizures; Wisconsin Hospital Employees Subjected to Prohibited Inquiries and Medical Exams

MILWAUKEE  – St. Joseph’s Community  Hospital of West Bend, Wis., will pay $70,000 and furnish other relief under a  consent decree to resolve a disability discrimination lawsuit filed by the U.S.  Equal Employment Opportunity Commission (EEOC), the agency announced  today.

The EEOC had charged that the hospital disciplined  and terminated an emergency room nurse because seizures related to her Type-1  diabetes occasionally required her to take days off. Federal District Court Judge J.P.  Stadtmueller of the Eastern District of Wisconsin signed the consent decree  late yesterday. The suit (Civil Action No. 08-c-0805 JPS), was filed by  the EEOC in U.S. District Court for the Eastern District of Wisconsin in  September 2008 under the Americans With Disabilities Act (ADA).

According to the EEOC, St. Joseph’s Community  Hospital, affiliated with Froedtert & Community Health system  of Wauwatosa, Wis., disciplined nurse Celeste  Kinnunen for absences due to diabetic seizures, leading to her termination. The EEOC also asserted that the hospital  required employees and applicants to complete an annual personal health  assessment form that contained questions that were not job-related or actually  required for the conduct of the hospital’s business, and, therefore, were  unlawful because they were likely to disclose information about an employees’  disabilities or impairments.  The EEOC’s position was that such information was irrelevant to the ability of  hospital employees to do the essential functions of their jobs.

“Ms. Kinnunen lost her job because she needed occasional  time off to recover from diabetes-related seizures,” said John Rowe, director  of the EEOC’s Chicago District Office, who supervised the agency investigation  which preceded the lawsuit. “It is  unfortunate that many employers still deny the opportunity to work to people  who are ready and able simply because of a disability. The EEOC will continue  to fight for the rights of people victimized by such prejudices.”

With respect to the collection of personal  health information of employees, John Hendrickson, the EEOC’s regional attorney  for the Chicago District, added, “It’s a bad idea. Requiring all emp­loyees to report every detail  of their personal health history amounts to an unreasonable invasion of privacy,  whether an employee is disabled or not.  The purpose of the ADA  is to extinguish the stereo­types and biases that prevent people from obtaining  or maintaining employment. Compul­sory but  irrelevant and unnecessary medical exams and histories provide a fertile ground  for the development of unfounded stereotypes and irrational assumptions about  the ability of employees to perform the essential functions of the job.”

In addition to paying $70,000 in  monetary damages to the former nurse, the two-year consent decree resolving the  matter will require ADA  training for managers and human resource staff, and monitoring by the  EEOC. Additionally, St.  Joseph’s Community  Hospital will be  prohibited from collecting sensitive personal health information of its  employees, except in narrow circumstances.

The government’s litigation effort was led by Associate  Regional Attorney Jean P. Kamp and Trial Attorney Nick Pladson of the EEOC’s Minneapolis  Area Office. The  EEOC’s Chicago District Office is responsible for processing charges of  discrimination, administrative enforcement, and the conduct of agency  litigation in Illinois, Wisconsin,  Minnesota, Iowa,  and North and South Dakota, with Area Offices  in Milwaukee and Minneapolis.

According to company information, St.  Joseph’s Community  Hospital recently became  affiliated with  Froedtert & Community Health of Wauwatosa, Wis.

The EEOC enforces federal laws prohibiting  employment discrimination. Further  information about the EEOC is available on its web site at www.eeoc.gov.