EEOC v. Midwest Reg’l Med. Ctr. (Summary)

NURSE CLAIMS DISCRIMINATION

EEOC v. Midwest Reg’l Med. Ctr., No. CIV-13-789-M (W.D. Okla. Aug. 7, 2014)

The United States District Court for the Western District of Oklahoma granted in part and denied in part cross motions related to the EEOC’s disability claim brought on behalf of a nurse. The nurse began missing work at her employer hospital a month after she began radiation treatment for skin cancer. Over the next several months, the nurse called in sick eight times, which led her supervisor to put her on a leave of absence. The nurse was ultimately terminated for missing several additional days while she was on leave. The EEOC brought this action on behalf of the nurse, alleging the hospital discriminated against her based on her disability.

The court held that a motion to dismiss was not appropriate because there are material issues of fact that need to be decided at a trial. The court concluded that the nurse did have a disability, cancer; however, there was a genuine issue over whether the nurse was discriminated against based on her disability. While the hospital proffered a legitimate nondiscriminatory reason, excessive absenteeism, the EEOC presented sufficient evidence that the hospital’s reason for terminating the nurse was pretextual, based on inconsistencies in its story. The district court focused on the fact that the hospital expected the nurse to still call off work even though she was placed on a leave of absence. The district court did find that the hospital presented sufficient evidence to establish a question as to whether the nurse mitigated her damages.