Chalk up one more basket of low hanging fruit for the EEOC

Richard Cohen, FisherBroyles Partner By Richard Cohen, FisherBroyles Partner

A physician-owned hospital in Arkansas was sued by the EEOC for refusing to accommodate a nurse who had a seizure.  She asked “to move to another position that did not involve direct patient care, or, in the alternative, a leave of absence until she could resume her nursing duties.”

The hospital’s reply?  “You’re fired!”

Orange, Fruit, Orange Tree, Citrus Fruit

To readers of this blog, the EEOC’s suit is no surprise; a regional director of the EEOC said last week (about a similar suit against a medical facility) that it is “ironic when a hospital, which is dedicated to caring for the health of its patients, ignores the medical concerns of an employee, refuses to even discuss providing a needed workplace modification, and instead fires him because of his disability.”

After this hospital just paid $35,000 to settle this case, what continues to surprise me is that medical and health professionals keep presenting such inviting targets for the EEOC.

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Richard Cohen

Richard B. Cohen is a partner in the New York City office of FisherBroyles, LLP, a national law firm. Richard Cohen has litigated and arbitrated complex corporate, commercial and employment disputes for more than 35 years, and is a trusted advisor to business owners and in-house counsel both in the United States and internationally. His clients have included Fortune 100 companies, domestic and foreign commercial and investment banks, Pacific-rim corporations and real estate development companies, as well as start-up businesses throughout the United States. Email Richard at [email protected]