The U.S. Equal Employment Opportunity Commission (EEOC) has made a compelling plea to the Tenth Circuit, seeking to revive a disability discrimination lawsuit filed by a former employee of a Kansas health system. This move comes in the wake of a pivotal U.S. Supreme Court decision that the EEOC believes supports the reinstatement of the case.
EEOC Says High Court Ruling Supports Ex-Worker’s ADA Suit: Supreme Court Ruling Bolsters ADA Protections
In a recent development, the EEOC submitted an amicus brief on Monday, emphasizing that the Supreme Court’s decision in the April case of Muldrow v. St. Louis should directly influence the outcome of Bethany Scheer’s lawsuit under the Americans with Disabilities Act (ADA). The federal agency criticized the lower court’s decision to grant summary judgment to Sisters of Charity of Leavenworth Health System Inc., arguing that it misinterpreted what constitutes an adverse employment action.
The Supreme Court’s ruling clarified that the ADA’s protections are triggered by employer decisions that affect employees’ rights and autonomy, a standard that the health system’s actions against Scheer undoubtedly meet. “The loss of autonomy inherent in a mandatory [employee assistance program] referral is a type of harm that Congress aimed to prevent through the ADA,” stated the EEOC.
EEOC Says High Court Ruling Supports Ex-Worker’s ADA Suit: Details of the Dispute
Scheer, previously employed in the billing department of the health system, alleges that her dismissal resulted from her refusal to undergo mandatory mental health counseling. The health system’s management suspected she might be suicidal after she disclosed personal challenges to her colleagues, which led them to impose a performance improvement plan and the controversial counseling requirement.
