Epileptic Nurse's Aide Laid Off: No Disability Discrimination

Legal Eagle Eye Newsletter for the Nursing Profession

January 1996

   Quick Summary: Since he suffered from a form of nocturnal epilepsy and had to take medication during the day which made him drowsy, an aide was permitted by his supervisors to combine his two fifteen minute breaks with his half-hour lunch, and to take a one hour break during the day to take his medication and then take a nap. Combining breaks was a violation of the hospital’s written policies and procedures, but was nevertheless tolerated for this employee and for others.

   However, the hospital brought in an outside consultant to assist in running the rehab department on a more efficient basis. The consultant began to enforce hospital policies and procedures to the letter, and immediately stopped the practice of allowing employees to combine work breaks. The aide protested this change vehemently, and obtained the right to continue combining his breaks, with supporting documentation from his physician.

   At the same time, the hospital’s financial condition was deteriorating. It became necessary to reduce staff hours, and to lay off a number of employees. The rehab aide saw his full-time position eliminated. He filed suit against the hospital alleging disability discrimination in violation of the Americans With Disabilities Act.

   The United States Court of Appeals for the Third Circuit ruled in favor of the hospital. It was not convinced the aide had established that an illicit, discriminatory motive had played a part in the hospital’s decision to eliminate his position. His dismissal, according to the court, resulted from a hospital-wide reduction in force because of financial difficulties, and not from any discriminatory motive.