Digiosia v. Aurora Health Care, Inc. (Summary)

DISCRIMINATION

Digiosia v. Aurora Health Care, Inc., No. 12-C-1292 (E.D. Wis. Sept. 24, 2014)

The United States District Court for the Eastern District of Wisconsin granted a health system’s motion for summary judgment with respect to discrimination claims brought by an employed obstetrician. In her complaint, the obstetrician alleged that the health system, through its clinic, placed her on leave and terminated her employment in violation of the Americans with Disabilities Act (“ADA”) and the Americans with Disabilities Act Amendments Act (“ADAAA”).

According to the health system, the problems with the obstetrician arose following two infant deaths that occurred within a month of each other. The peer review process was triggered and the obstetrician was informed by the clinic that she could take a leave voluntarily or she would be placed on a leave. The obstetrician requested a medical leave.

While she was on leave, the other obstetricians in the clinic decided they did not want her to return to practice with them. Shortly thereafter, the clinic’s management committee voted unanimously to terminate the obstetrician’s employment.

The obstetrician argued that the forced leave was a violation of the ADA because her employer regarded her as disabled. In particular, she claimed that her colleagues knew she suffered from bipolar disorder and believed this condition impaired her ability to work.

In granting the motion for summary judgment, the court concluded that the obstetrician failed to show that the clinic was motivated by a desire to discriminate against her because of a real or perceived disability. Even though the obstetrician presented evidence that some of her colleagues made flippant comments about her bipolar disorder, the court concluded that this evidence was only “barely suggestive” that her colleagues viewed her condition as impacting her work.

Additionally, the court found that the decision to terminate the obstetrician’s employment was made by the management committee of the clinic and that only two of the ten members on the committee even knew that she suffered from bipolar disorder.   Thus, the court concluded, there was no evidence that the obstetrician’s condition was a cause of the decision to terminate her employment much less that it was “the” cause for the termination. In dismissing the obstetrician’s lawsuit, the court concluded that the obstetrician was unable to show that her employer was motivated by a desire to discriminate against her due to a real or perceived disability.