$95,000 Settlement in Disability Discrimination Case by Children's Hospital Colorado, Training Ordered

 
Tuesday, June 5, 2012
 

Question:  Would disability discrimination training have prevented this case?  See our trainings at http://www.hrclassroom.com.

Children’s Hospital Colorado in Aurora, Colo., will pay $95,000 and furnish other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). 

According to the EEOC’s suit, Children’s discriminated against an applicant for hire due to her disability, fibromyalgia.  Cecilia McMurray applied for a staff assistant position with Colorado Children’s Healthcare Access Program in Pediatric Medicine.  After three interviews, McMurray was offered the position of staff assistant II, contingent upon the successful completion of a pre-employment health screen.  Following a medical exam arranged by Children’s, the hospital withdrew its offer of employment to McMurray.

Denying a job to an applicant because of a disability violates the Americans with Disabilities Act (ADA).  The EEOC filed suit in U.S. District Court for the District of Colorado (EEOC v. Children’s Hospital Colorado, Case No. 11-cv-02104-REB-CBS) after first attempting to reach a pre-litigation settlement through its conciliation process.

Children’s Hospital Colorado has agreed to pay $95,000 to McMurray to resolve this case.  The hospital entered into a consent decree and agreed to ensure all employees involved in the hiring process are trained on ADA requirements.  Children’s Hospital Colorado will also report to the EEOC each time a person is denied hire due to a medical screen during the decree’s duration.


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