Hospital Allegedly Fired an Employee Due to Disability By Dan Atkerson on October 05, 2015

Disabled office worker with colleagueThe Equal Employment Opportunity Commission filed a federal lawsuit against Methodist Heath System. The EEOC filed the lawsuit on behalf of a former employee Adrianna Cook, who alleges wrongful termination for her disability.

Cook worked as a patient care technician, which required her to lift and transport patients throughout the day. Unfortunately, Cook was injured during work in 2012. She sustained multiple injuries including lumbar sprain, disc displacement, and an annular tear, any of which qualify her as disabled, according to the Americans with Disabilities Act.

The EEOC claim that Cook only wanted a new position with the hospital, but was not afforded any assistance. She was forced to take unpaid leave under the Family and Medical Leave Act while she went through the application process for eight other job vacancies at the hospital for which she was well-qualified. Positions such as “patient sitter” which would see her watching over newborns, or another position as a “scheduler.” Neither of those positions would have required heavy lifting and would have worked well for Cook.

However, in the end, the hospital rejected her applications and terminated her as soon as her unpaid leave under the FMLA was out, according to Cook.

The lawsuit claims that had the hospital just reassigned Cook to one of the other positions she was qualified for, Cook would not have needed to take unpaid leave and could have remained a useful employee.

Devika Seth, a senior trial attorney at the Dallas EEOC office, told The Dallas Morning News that “[T]he request by Ms. Cook to continue as a productive employee was an excellent opportunity for the hospital to demonstrate its commitment to staff whose disabilities do not prevent them from performing valuable functions.”

Atkerson Law Dallas employment Lawyer

Related to This

Dan Atkerson

Law Offices of Dan A. Atkerson

Dan A. Atkerson has been protecting the rights of North Texas employees for over nearly four decades. He is affiliated with several prestigious legal organizations, including: 

  • The State Bar of Texas
  • The Dallas Bar Association
  • The United States Court of Appeals Fifth Circuit
  • Texas Supreme Court and all Texas trial and appellate courts
  • Texas federal courts for the Northern and Eastern Districts of Texas

Through aggressive, knowledgeable representation, he has helped clients all over the state reach significant verdicts and settlements. To schedule a consultation at our law firm, request an appointment online or call us at (214) 383-3606.

Get In Touch

Rate, Review & Explore

Social Accounts Sprite