A federal agency that investigates employment discrimination claims HonorHealth fired employees or forced them to quit because of their disabilities.

HonorHealth operates hospitals and medical facilities in metro Phoenix. 

The U.S. Equal Employment Opportunity Commission filed a lawsuit on Tuesday in U.S. District Court alleging that HonorHealth employees with disabilities were repeatedly denied reasonable accommodations, including reassignments to other jobs, assistive devices to help with their work and modified work schedules.

The EEOC said HonorHealth’s actions violate the Americans With Disabilities Act, which prohibits discrimination against individuals with disabilities.

Mary Jo O’Neill, the regional attorney of the EEOC’s Phoenix District Office, said her office began investigating a charge by an HonorHealth employee and found that several employees with disabilities had their requests for accommodations denied.

“We just think that people regardless of their condition should be allowed to work,” O’Neill said.

HonorHealth employs more than 12,000 people and is the largest employer in Scottsdale.

“HonorHealth remains committed to complying with all employment laws, supporting our employees and providing them with a respectful and inclusive place to work,” the company said in a statement on Thursday.

The company declined further comment, citing the pending legal case.

Did HonorHealth make accommodations for employees with disabilities?

Under federal law, accommodations are job modifications that allow employees with disabilities to successfully perform their jobs to the same extent as people without disabilities.

Accommodations can include physical changes to the layout of a workspace, such as building ramps or modifying a restroom, or assistive technology that allows employees to communicate with their colleagues.

The lawsuit contends that HonorHealth denied reasonable accommodations for people with disabilities since at least July 6, 2016.

This included firing or not reassigning workers because of their disabilities or because they had asked for an accommodation, according to the lawsuit.

Among them was Angela Carter, who worked at HonorHealth for more than a decade. Carter sustained a severe injury in a HonorHealth parking lot that led to at least two surgeries, according to the EEOC. Carter’s doctor told her she would have a “permanent lifting restriction,” the complaint said. 

Instead of offering Carter a reasonable accommodation or reassigning her to another job, HonorHealth told Carter she would be fired if she could not find a new

position at the company within 30 days, according to the lawsuit.

Carter applied to several positions for which she was qualified, but HonorHealth hired other candidates, canceled the job posting or did not interview Carter, according to the lawsuit.

The lawsuit names six other employees who sought accommodations for their disabilities but were denied.

The lawsuit says the employees made several requests of HonorHealth, including:

• Modified work schedules and five-minute breaks.
• Lifting restrictions and assistance moving patients.
• Reducing the distance an employee had to walk or providing employees with a wheelchair.
• A standing/sitting desk to be able to stand and stretch as needed.
• Reassignments to a desk job or other position that did not require lifting.

Instead of engaging with the employees and discussing potential accommodations, HonorHealth instead forced the employees out of their jobs, the lawsuit contends.

Under federal law, reassignment to a different job should be the “last resort,” used only after employers have looked for other ways to accommodate employees in their current jobs, O’Neill said. 

“Here, they didn’t reassign anybody, they just said, ‘Go and compete for another job,’ ” O’Neill said.

Next steps

The EEOC filed suit after initially attempting to reach a settlement with HonorHealth.

The EEOC asked that any trial in the case be heard before a jury.

The EEOC called HonorHealth’s conduct “malicious and reckless” and has asked for the employees to be compensated for the financial losses incurred by their loss of employment.

The EEOC also asked for HonorHealth to “institute and carry out policies, practices, and programs that provide equal employment opportunities for qualified individuals with disabilities and that eradicate the effects of its past and present unlawful employment practices.”

O’Neill said that while the ADA was passed 30 years ago, she still sees a lack of understanding from companies about their requirements under the law. The EEOC continues to investigate many cases around providing accommodation, she said. 

“You would think that a sophisticated, big employer would know about this obligation,” O’Neill said. “I do think there is a training opportunity here with this.”

Have a tip out of Scottsdale? Reach the reporter Lorraine Longhi at [email protected] or 480-243-4086. Follow her on Twitter @lolonghi.

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