Employee Cleared For Work In Medical Field But Then Fired For Allegedly Being Possible “Danger To Patients.”


Employee Files Lawsuit against Allegheny Valley Hospital for Disability Discrimination

Callie landed a job with the Allegheny Valley Hospital as a Patient Care Assistant. According to Callie, the job requirements fit her well since she occasionally suffers petit mal seizures. As a patient care assistant, Callie’s responsibilities included scheduling, charting vital signs, and helping patient in and out of bed. Callie shared that her doctors had cleared her to work in a medical setting.

A month before her first day of work, Callie participated in the pre-employment requirement of a physical. Naturally, she honestly shared that she experienced infrequent petit mal seizures. When the examiner asked Callie about her condition, she explained that she used a combination of medication and a chest-implanted Vagal Nerve Stimulator to manage the seizures. Understanding the concern about her petit mal seizures, Callie gave the examiner the necessary permission to contact her doctors about their clearance of Callie to work in the medical field.

The day after her physical, Callie received a phone call from the examiner. Callie was fired. She remembers that the examiner explained Callie was “a danger to patients” because “within two seconds of you having a seizure something could go seriously wrong with the patients.”She remembers that the examiner explained Callie was “a danger to patients” because “within two seconds of you having a seizure something could go seriously wrong with the patients.”

Callie couldn’t understand how she could be terminated when she had the necessary health clearances from her doctors to work. Suspecting disability discrimination, Callie filed a complaint with the Equal Employment Opportunity Commission (EEOC) and received a Right to Sue letter. She is pursuing her legal employee rights. KM&A champions the employment rights of individuals like Callie who have dealt with discrimination on a first hand basis.

Full text of this complaint, as filed with the District Court for the Western District of Pennsylvania, is available at docket no: 2:17-cv-01270-DSC

Kraemer, Manes & Associates LLC is an employment law firm with principal offices in Pittsburgh and Philadelphia, serving all counties in Pennsylvania, focusing on employment law, business law, litigation, and civil issues. KM&A clients include employees, small businesses, parties in litigation, and people with a variety of legal issues.

For more information about this case, contact Attorney Sean Ruppert at 412-626-5550 or at sr@lawkm.com.

NOTICE: All information contained in this statement comes from the Complaint which has been filed as a public record with the court. As dedicated civil rights attorneys, we strongly believe in the public value of telling our clients’ stories: violators can be held accountable, and other silent victims can feel empowered to stand up for their legal rights. Although we make every attempt to verify our clients’ claims, note that the defendant is expected to oppose our client’s position, and the court has not ruled one way or the other as of the date of this statement.