EEOC Goes to Bat for Hearing-Impaired Nurse

Haven Manor Inc., a Nebraska-based employer, violated the Americans with Disabilities Act (ADA) when it refused to accept temporary placement of a hearing-impaired certified nursing assistant (CNA), at its assisted living facility in Lincoln, Neb., the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit.

In its lawsuit (Case No. 4:10-cv-03108), filed in U.S. District Court in Lincoln, the EEOC claimed Willingham Health Services, a staffing agency, sent the CNA to Haven Manor in response to a request for a nursing assistant to cover short staffing on the evening shift.

The EEOC further alleges after the CNA, an excellent lip reader, spent about 20 minutes in orientation with a Haven Manor representative, she asked if she could have someone set her pager to vibrate rather than produce an audible alert. It was at this time representatives of Haven Manor discovered the woman was hearing-impaired. A Haven Manor representative informed the worker she could not work the scheduled shift because of her hearing impairment and sent her away.

Such conduct violates the ADA, prohibiting employment discrimination based on a disability. The woman filed a discrimination charge, investigated by the Nebraska Equal Opportunity Commission (NEOC). The EEOC filed suit only after both the NEOC and EEOC attempted to reach a voluntary settlement with Haven Manor.

“Americans with disabilities overcome innumerable obstacles throughout their lives in order to be able to compete on equal footing with people who are not disabled,” said EEOC attorney Melvin Kennedy. “The ADA and the ADA Amendments Act of 2008 were enacted to prevent employers from denying employees with disabilities the equal opportunity to compete for jobs, promotions and other benefits of employment.” (workersxzcompxzkit)

James Neely, Jr., the EEOC’s St. Louis district director, added, “By now, all employers should be aware of their obligations under the ADA. The EEOC will vigorously enforce the ADA and bring to justice those employers who will not follow the law.”

Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact him: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.

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