Case 1:13-cv-01958-ESH Document 1 Filed 12/09/13 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

PROVIDENCE HOSPITAL,

)

)

Defendant.

)

_______________________________________ )

CIVIL ACTION NO. COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title I of the Americans with Disabilities Act of 1990, as

amended (the “ADA”), and Title I of the Civil Rights Act of 1991, to correct unlawful

employment practices on the basis of disability and to provide appropriate relief to Louise

McFadden (“McFadden”) who was adversely affected by such practices. The Equal Opportunity

Commission (the “Commission”) alleges that Providence Hospital (“Defendant”) failed to

provide McFadden with a reasonable accommodation for her disability, and subsequently

discharged her from her position as a Medical Assistant because of her disability, in violation of

the ADA.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the ADA,

42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII of

the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e-5(f)(1) and (3), and pursuant to

Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

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2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Columbia.
PARTIES 3. Plaintiff is the agency of the United States of America charged with the administration, interpretation and enforcement of Title I of the ADA and is expressly authorized to bring this action by Section 107(a) and Section 503(c) of the ADA, 42 U.S.C. § 12117(a) and § 12203(c), which incorporates by reference Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant has continuously been doing business in Washington, D.C. and has continuously had at least fifteen employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under Section 10 1(5) of the ADA, 42 U .S.C. § 12111(5), and Section 101(7) of the ADA, 42 U.S.C. § 12111 (7), which incorporate by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h). 6. At all relevant times, Defendant has been a covered entity within the meaning of Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, McFadden filed a charge with the Commission alleging violations of Title I of the ADA by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Defendant hired McFadden on or about December 22, 2005 as a Medical Assistant in Defendant’s Center for Life. As a Medical Assistant, McFadden’s responsibilities included triaging patients, giving injections, preparing charts, taking vital signs, scheduling
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appointments and assisting physicians with various procedures. At all relevant times, McFadden was qualified to perform the essential functions of her position and performed her duties at a level that met defendant’s legitimate expectations.
9. From approximately May 20, 2011 until approximately August 24, 2011, Defendant engaged in unlawful employment practices in violation of Section 102 of the ADA, 42 U.S.C. § 12112(a) and (b). As described more fully below, Defendant discriminated against McFadden, who has a disability as defined by the ADA, by failing to provide her with a reasonable accommodation and by terminating McFadden because of her disability.
10. During all times relevant to the allegations in this complaint, McFadden had an actual disability as defined by the ADA. Specifically, McFadden suffers from spondylolisthesis, an impairment of her spine, which causes severe pain and substantially limits the function of her musculoskeletal system. McFadden also suffers from a bulging disk and from arthritis in her knees, her right knee in particular which is prone to occasional buckling. McFadden’s spinal and knee conditions impair McFadden’s ability to consistently support the weight of her body without reliance on an assistive device for stability. From on or about March 20, 2011, through the present McFadden has, on doctor’s orders, used a cane or other assistive device for stability when walking. McFadden is also substantially limited in walking.
11. Around March 20, 2011, McFadden fell and sprained her right knee. On or about April 8, 2011, McFadden was released by her doctor to return to work without any work restrictions. However, McFadden was instructed by her physician to continue to use the cane for ambulation and to continue physical therapy for her knee. After her return to work on or about April 8, 2011, McFadden utilized a cane and other external sources of support in the performance of her Medical Assistant duties.
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12. On or about May 17, 2011, McFadden’s supervisor (hereafter “Practice Manager”), questioned McFadden about her use of a cane. McFadden explained why she was using the cane. That day, McFadden was instructed by Defendant that she would need to obtain a doctor’s note with her physical limitations outlined so she could be cleared to continue working. McFadden was instructed to produce the physician’s note to Defendant’s Occupational Health Services department (“OHS”) by May 20, 2011.
13. On or about May 20, 2011, McFadden met with a Nurse Practitioner (“Nurse Practitioner I”) in Defendant’s OHS department and provided Nurse Practitioner I with a note from McFadden’s physical therapist. The note indicated that McFadden was undergoing physical therapy and needed to use a “straight cane for the next two weeks”. Upon receiving the physical therapist’s note, Nurse Practitioner I informed McFadden that McFadden could not return to work until she received medical clearance to return to work without using any assistive device, including her cane.
14. On the same day, on or about May 20, 2011, McFadden met with Defendant’s HR Generalist. McFadden asked about open positions where she could work while using a cane, but was told that none were available at the time. The HR Generalist told McFadden that she would contact her about future vacancies when they became available. McFadden never heard back from the HR Generalist. McFadden was placed on leave under the Family and Medical Leave Act (“FMLA”).
15. On or about May 30, 2011, Defendant’s Practice Manager and/or the Department Director called McFadden and offered her a receptionist position, which was a sedentary position that McFadden was fully qualified for. On or about June 7, 2011, McFadden met with a second nurse in Defendant’s OHS department (hereafter “Nurse Practitioner II”), to seek clearance to
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return to work as a medical assistant or, if that was not possible, in the receptionist position. McFadden provided Nurse Practitioner II with a doctor’s note dated June 6, 2011. The note released McFadden to return to full duty but indicated that she needed to continue to use a cane to ambulate. Nurse Practitioner II told McFadden that she could not allow McFadden to return to work in any position until she was cleared to work without a cane.
16. McFadden’s FMLA leave expired on or about August 23, 2011. D efendant terminated McFadden o n August 24, 2011 because she was not all owed to return to work because of her need to use a cane to ambulate. McFadden continues to use a cane currently due to her spinal and knee impairments..
17. At all relevant times, McFadden was a qualified individual with a disabili ty who could perform the essential functions of her job with the reasonable accommodation of the use of a cane and/or reassignment. Prior to working for Defendant as a Medica l Assistant, McFadden had previously worked as a medical assistant for approximately nine years for other employers. She also had experience working as a medical records clerk and as a m edical administration clerk. McFadden possesses a high school diploma as well as medical assistant and phlebotomy certificates.
18. McFadden met the mini mal qualifications for and could have p erformed several positions that were vacant at the time she wa s placed on FMLA leave, on May 20, 2011, or that became vacant before her termination, on August 24, 2011. Such positi ons include but are not limited to unit secretary, front desk registration and possibly others.
19. Defendant refused to provide McFadden with an accommodation for her disability for the p eriod from May 20, 2011 throu gh her termination on August 24, 2011. Rather, Defendant discharged McFadden because of her disability when it decided she could not r eturn
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to work performing her job and/or an y other job with De fendant while using a can e. Both Defendant’s failure to provide McFadden with a reasonable accommodation and subsequent termination of McFadden’s employment because of her disability, were in violation of the ADA.
20. The effect of the practices complained of above has been to deprive McFadden of equal employment opportunities and otherwise adversely affect her empl oyment status because of her disability.
21. The unlawful employment practices complained of above were intentional. 22. The unlawful employment practices complained of above were done with malice or with reckless indifference to the federally protected rights of McFadden.
PRAYER FOR RELIEF Wherefore the Commission respectfully requests that this Court: A. Grant a perman ent injunction enjoinin g Defendant, its officers, succ essors, assigns and all persons in active concert or participation with them, fr om discriminating against individuals because their disabilities, including discrimination in hiring and firing; failin g to provide reasonable accommodations; and any other employment practice which discriminates on the basis of disability. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for disabled persons, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make McFadden whole by providing appropriate back pay with prejudgment interest, in amounts to be de termined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement or front pay in lieu thereof.
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D. Order Defendant to mak e McFadden whole b y providing compensation for past and future pecuniar y losses resulting from the unlawful employment practices complained of above, in amounts to be determined at trial.
E. Order Defendant to mak e McFadden whole b y providing compensation for past and future non-pe cuniary losses resulting from the unlawful emplo yment practices complained of above, including emotional pain, suffering, inconvenience, humiliation, loss of enjo yment of life, loss of civil rights, and other non-pecuniary losses, in amounts to be determined at trial.
F. Order Defendant to pay McFadden punitive dama ges for its malici ous and reckless conduct described above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint. DATED this the 9th day of December, 2013.

Ge
J De
GWENDO Associate

P. DAVID LOPEZ neral Counsel
AMES L. LEE puty General Counsel
LYN YOUNG REAMS General Counsel

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EQUA COMM 131
W

L EMPLOYMENT OPPORTUNITY ISSION M. Street, NE Fourth Floor, Suite 4NWO2F ashington, D.C. 20507
LYNETTE A. BARNES Regional Attorney KARA GIBBON HADEN Supervisory Trial Attorney Charlotte District Office 129 W. Trade Street, Suite 400 Charlotte, NC 28202
/s/ ___Amy E. Garber_________________ AMY E. GARBER Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Norfolk Local Office 200 Granby Street, Suite 739 Norfolk, VA 23510 Telephone: (757) 441-3134 Facsimile: (757) 441-6720 Email: amy.garber@eeoc.gov
ATTORNEYS FOR PLAINTIFF

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 Case 1:13-cv-01958-ESH Document 9 Filed 08/12/14 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

CIVIL ACTION NO.: 1:13-cv-01958-ESH

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION

)

)

Plaintiff,

)

)

v.

)

)

PROVIDENCE HOSPITAL

)

)

Defendant.

)

)

STIPULATION OF DISMISSAL

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff Equal Employment

Opportunity Commission (the “Commission”) and Defendant Providence Hospital, by and

through counsel, STIPULATE that the present action should and shall be DISMISSED WITH

PREJUDICE.

The Commission filed this lawsuit on December 9, 2013, under Title I of the Americans

with Disabilities Act of 1990, as amended, and Title I of the Civil Rights Act of 1991, to correct

alleged unlawful employment practices on the basis of disability and to provide appropriate relief

to Louise McFadden (Ms. McFadden) whom the Commission alleged was adversely affected by

such practices. Ms. McFadden passed away unexpectedly on June 9, 2014, as a result of an

automobile accident.

The parties agree that each party shall bear its own costs and attorney’s fees.

Respectfully submitted,

/s/ _Amy E. Garber _________ Amy E. Garber Senior Trial Attorney (Va. Bar #37336)

Case 1:13-cv-01958-ESH Document 9 Filed 08/12/14 Page 2 of 2
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Norfolk Local Office 200 Granby Street, Suite 739 Norfolk, VA 23510 Telephone: (757) 441-3134 Facsimile: (757) 441-6720 Email: amy.garber@eeoc.gov ATTORNEY FOR PLAINTIFF
/s/_Eric W. Gunderson__________ _ Eric W. Gunderson (D.C. Bar No. 499340) FARRELL & GUNDERSON 8840 Stanford Blvd., Suite 2000 Columbia, MD 21045 Telephone: (301) 596-7222 Email: eric@farrell-law.com ATTORNEY FOR DEFENDANT
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 Case: 1:13-cv-01958-ESH As of: 03/24/2019 11:01 PM EDT 1 of 2
CLOSED,JURY,TYPE−H
U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:13−cv−01958−ESH

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. PROVIDENCE HOSPITAL Assigned to: Judge Ellen S. Huvelle Cause: Viol. of the Americans with Disabilities Act of 1990
Plaintiff

Date Filed: 12/09/2013 Date Terminated: 08/13/2014 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by Amy Elizabeth Garber EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 200 Granby Street Suite 739 Norfolk, VA 23510 (7575) 441−3134 Email: amy.garber@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant PROVIDENCE HOSPITAL

represented by Eric William Gunderson DAVIS, AGNOR, RAPAPORT & SKALNY LLC 10211 Wincopin Circle Suite 600 Columbia, MD 21044 (410) 995−5800 Fax: (410) 309−6161 Email: egunderson@darslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 12/09/2013
12/09/2013 12/19/2013
01/10/2014 02/14/2014 02/14/2014

# Docket Text
1 COMPLAINT against PROVIDENCE HOSPITAL with Jury Demand (Fee Status:Filing Fee Waived) filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Garber, Amy) . (Entered: 12/09/2013)
Case Assigned to Judge Ellen S. Huvelle. (sth, ) (Entered: 12/09/2013)
2 REQUEST FOR WAIVER of Service sent to Registered Agent C T Corporation System on 12/19/2013 by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Exhibit Complaint enclosed with Request for Waiver of Service of Summons, # 2 Exhibit Waiver Document enclosed with Request for Waiver of Service of Summons)(Garber, Amy) (Entered: 12/19/2013)
3 WAIVER OF SERVICE by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. PROVIDENCE HOSPITAL waiver sent on 12/17/2013, answer due 2/15/2014. (Garber, Amy) (Entered: 01/10/2014)
4 Corporate Disclosure Statement by PROVIDENCE HOSPITAL. (Gunderson, Eric) (Entered: 02/14/2014)
5 ANSWER to Complaint by PROVIDENCE HOSPITAL.(Gunderson, Eric) (Entered: 02/14/2014)

Case: 1:13-cv-01958-ESH As of: 03/24/2019 11:01 PM EDT 2 of 2

02/19/2014
02/25/2014 03/12/2014 03/12/2014 03/13/2014 03/14/2014 08/12/2014

MINUTE ORDER FOR INITIAL SCHEDULING CONFERENCE: The Initial Scheduling Conference in this case is set for March 12, 2014, at 9:15 a.m. in Courtroom 23A. Counsel who attend must be sufficiently familiar with the case to answer any questions which arise; parties are welcome and are encouraged to attend. Pursuant to Local Civil Rule 16.3 and Federal Rule of Civil Procedure 26(f), counsel shall confer at least 21 days prior to the above date and submit their Report addressing all topics listed in Local Civil Rule 16.3(c) no later than 14 days following their meeting (i.e. no fewer than seven (7) days prior to the date of the Initial Scheduling Conference). Counsel are reminded that Rule 26(f) has been amended to direct the parties to discuss at their discovery planning conference issues relating to discovery of electronically stored information, preservation of discoverable information, and assertions of privilege or of protection as trial−preparation materials, including whether to ask the Court to enter an order reflecting any agreement between the parties regarding the procedure for asserting such claims after production. See Fed. R. Civ. P. 26(f)(3). If appropriate, counsel must address these additional topics in their Report. Counsel are also directed to either include in their Report or in a supplemental pleading to be filed no later than 72 hours prior to the Initial Scheduling Conference, a brief statement of the case and the statutory basis for all causes of action and defenses. In addition, the Court urges counsel to have their clients attend the Initial Scheduling Conference and all subsequent court proceedings. Extensions or enlargements of time will only be granted upon motion, and not upon stipulation by the parties. Motions for a continuance or other scheduling change must be filed three business days prior to the hearing and must include alternative dates that have been agreed to by all parties. Requests that do not include an alternative date acceptable to all parties will be denied. Parties are to communicate with the Court by motion, opposition, and reply, not by letter. Inquiries concerning the status of any pending matter shall be directed to the Courtroom Deputy Clerk, Ms. Michelle Moon (202/354−3155), or if she is unavailable, to the staff person in the Clerks Office designated as her substitute, and not to chambers. Chambers personnel will not handle questions relating to the status or scheduling of pending matters. In an emergency, however, chambers can be reached at 202/354−3230. Signed by Judge Ellen S. Huvelle on February 19, 2014. (AG) (Entered: 02/19/2014)
6 MEET AND CONFER STATEMENT. (Garber, Amy) (Entered: 02/25/2014)
Minute Entry for proceedings held before Judge Ellen S. Huvelle: Initial Scheduling Conference held on 3/12/2014. Status Conference set for 10/21/2014 @ 9:30 a.m. in Courtroom 23A before Judge Ellen S. Huvelle. Initial Scheduling Order to enter. (Court Reporter Vicki Eastvold) (zmm, ) (Entered: 03/12/2014)
7 SCHEDULING ORDER. (See order for details). Signed by Judge Ellen S. Huvelle on March 12, 2014. (lcesh1) (Entered: 03/12/2014)
Set/Reset Deadlines: Discovery to be completed by 10/17/2014. Plaintiff's Rule 26(a)(1) Disclosures due by 3/14/2014. Plaintiff's Rule 26(a)(2)(B) Reports due by 6/27/2014. Defendant's Rule 26(a)(2)(B) Reports due by 8/10/2014. (zmm, ) (Entered: 03/13/2014)
8 RULE 26a1 STATEMENT. (Gunderson, Eric) (Entered: 03/14/2014)
9 STIPULATION of Dismissal (Joint) by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Garber, Amy) (Entered: 08/12/2014)