Fired Nurse Get $80K Settlement in Discrimination Battle Over Sleep Disorder

VibraLife of Katy, LLC, a rehabilitation and assisted living facility in Texas, recently settled a U.S. Equal Employment Opportunity Commission (EEOC) disability discrimination and retaliation lawsuit with a night shift nurse with a sleeping disorder. 

The Hiring Dilemma: Night Shifts and Sleep Disorders

VibraLife of Katy initially hired a nurse for a night shift position, despite being aware of her sleep disorder. The job posting explicitly required candidates to work night shifts, which suggests that the facility initially believed the nurse could perform her duties despite her condition. 

According to the lawsuit, “The job posting required the selected candidate to work 36 hours per week in three 12-hour shifts. Upon beginning her employment, the employee was notified that she would be required to work a fourth 12-hour shift every other week. The employee promptly requested an accommodation that her schedule be limited to the express terms of the job posting and offer to accommodate her disability. Shortly after receiving the employee’s request for a reasonable accommodation, the employee was demoted and then terminated.”

EEOC Intervention and Legal Action

The case took a significant turn when the EEOC stepped in, filing a lawsuit against VibraLife of Katy. The EEOC alleged that the facility had terminated the nurse’s employment due to her sleep disorder, raising concerns about potential discrimination against employees with disabilities.

Rudy Sustaita, the EEOC’s regional attorney in Houston, said: “Federal law expressly prohibits employers from refusing to provide a reasonable accommodation to employees with disabilities unless they can show undue hardship. An employer must always seriously consider whether it can make an accommodation before downgrading or firing employees.”

This legal action by the EEOC underscores the importance of fair employment practices in healthcare settings and the need for employers to carefully consider their obligations under disability rights laws. The involvement of the EEOC also demonstrates the seriousness with which such cases are treated at the federal level.

Settlement and Implications for Healthcare Employers

To resolve the federal lawsuit, on Oct. 29th, VibraLife agreed to a settlement that included a payment of $80,000. In addition, VibraLife is required to “revise its policies and practices to ensure it provides reasonable accommodations to individuals with disabilities, provide annual training on the ADA to employees and post a notice to employees regarding the lawsuit should it resume its U.S. operations.”

This outcome serves as a reminder to healthcare facilities of the potential financial and reputational consequences of employment practices that may be deemed discriminatory. In order to prevent similar lawsuits in the future, healthcare facilities should note:

• The importance of thorough pre-employment discussions about job requirements and potential accommodations for employees with medical conditions.
• The need for ongoing dialogue between employers and employees about changing health conditions that may affect job performance.
• The critical role of human resources departments in navigating the complex landscape of employment law and disability rights.
• The potential benefits of proactive measures to create inclusive work environments that can accommodate a diverse workforce.

As the healthcare industry continues to face staffing challenges, cases like this highlight the need for thoughtful approaches to hiring and retention that balance operational needs with legal and ethical obligations to employees.