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EEOC sues Children's Hospital Colorado

Sunday 14 August 2011

From the Denver Business Journal:


U.S. Equal Employment Opportunity CommissionEEOC sues Children's Hospital Colorado

Denver Business Journal
Date: Friday, August 12, 2011, 1:37pm MDT - Last Modified: Friday, August 12, 2011, 3:22pm MDT

The U.S. Equal Employment Opportunity Commission is suing Children’s Hospital Colorado, claiming the Aurora hospital discriminated against a job applicant because of a medical condition.

The lawsuit was filed Friday in U.S. District Court in Denver.

The EEOC said it filed the lawsuit after first trying to reach a settlement with Children’s. The lawsuit seeks monetary damages, including compensation for emotional distress.

The hospital released a statement in which it said it was “committed to fair hiring practices.” Children’s also said it hasn’t had a chance to review the complaint.

The EEOC also wants the court to order Children’s to hire Cecilia McMurray, who’s at the center of the lawsuit.

McMurray applied for a job as a staff assistant at Children’s and after three interviews, was offered the position of staff assistant II, according to the EEOC.

The job offer hinged on the successful completion of a pre-employment health screen.

The EEOC said Children’s withdrew its offer after the medical exam, which revealed McMurray has fibromyalgia.

The doctor who examined McMurray said the only part of the staff assistant job McMurray couldn’t perform was “long periods of sitting and computer/telephone work” because she couldn’t sit for more than 45 minutes, according to the EEOC.

The EEOC said the hospital could have accommodated that restriction and was required to do so under the Americans With Disabilities Act.
The case is EEOC v. Children’s Hospital, 11-cv-02104-REB-CBS.


The above, with comments, originally appeared here.


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