The federal agency that oversees workplace discrimination laws is suing Carondelet Health Network claiming the hospital chainโs sick leave policy is prejudiced against pregnant and disabled employees.
The Equal Employment Opportunity Commission filed suit May 10 alleging the Catholic hospital system acted โwith malice or reckless indifferenceโ to federal law by routinely firing workers who used up their allotted 90 days of personal leave for medical reasons.
Under the Americans with Disabilities Act, employers with more than 15 employees must consider โreasonable accommodationsโ โ such as reassignment or light duty โ for workers with disabilities to allow them to keep working. Other federal laws make it illegal to discriminate against pregnant women.
Carondelet, which operates St. Josephโs and St. Maryโs hospitals in Tucson, Holy Cross Hospital in Nogales and other smaller medical facilities, โregularly terminated employees who took medical leave because they could not immediately return to work due to a disability or medical condition,โ said the lawsuit filed at the federal courthouse in Tucson.
The EEOC complaint does not mention specific dates but says Carondeletโs faulty sick leave policy has been in effect โsince at least July 2012.โ
Keith Jones, a spokesman for Tenet Healthcare, Carondeletโs majority owner, declined to comment on the federal lawsuit saying the firm does not comment on pending litigation.
The complaint that led to court action was filed by former Carondelet employee Donna Wittenmyer, who lost her job after taking time off due to pregnancy complications, according to the EEOC.
The complaint also mentions, but does not identify by name, a second former employee who also lost her job due to a problem pregnancy.
The court filing leaves open the possibility that other pregnant or disabled employees were similarly affected.
It seeks a permanent injunction against Carondeletโs discriminatory practices and calls for back-pay and damages for pain and suffering and lost financial opportunities for Wittenmyer and โother aggrieved individuals.โ
The lawsuit also names the health-care firm Ascension, Carondeletโs former parent company, as a codefendant.
The EEOC has requested a jury trial for the action.
