Sharp Healthcare accused of discrimination

The federal government's Equal Employment Opportunity Commission (EEOC) is asking a judge to order Sharp Healthcare to cease from discriminating against qualified job applicants and to pay lost wages to a woman who, despite 20 years of experience as a surgical scrub technologist, was denied a job for having mobility issues due to an old ankle injury.

What’s Their Case?

On September 1, 2015, the commission filed a federal complaint against Sharp Healthcare for discriminating against job applicant Sandra Juarez in 2012. In February 2012, Juarez applied for a job as a surgical scrub technologist. Staff at Sharp offered her a conditional job offer that would be made permanent after Juarez completed a post-offer physical exam and submitted to drug tests.

In a questionnaire, given at the time of the physical, Juarez disclosed she had her ankle operated on in 1980. She admitted to taking anti-inflammatory medication for the ankle. In May, a registered nurse for Sharp Healthcare conducted a medical examination on Juarez. During the exam Juarez was asked to squat to the ground and raise herself up from the position. She told the nurse she needed to grab on to something in order to get enough strength due to her ankle injury. She also said that in her 20 years of experience as a surgical scrub technician her ankle never kept her from performing her job.

The nurse determined that Juarez was qualified to work but was unable to squat and needed an object for stability when trying to stand up. Juarez was called in for additional interviews. She told the interviewer that she had no medical disabilities but needed to use the ground or an object to help herself stand upright from a squatting position.

On June 27, Sharp Healthcare rescinded their job offer due to Juarez’s disability and that the healthcare provider could not accommodate her mobility needs.

Months later, Juarez was hired by another healthcare provider in the same position. Juarez filed an official complaint to the employment commission, alleging ADA violations.

She Complained, They Listened

In January of this year, the commission found cause that Sharp had violated ADA requirements. The commission demanded that Sharp "eliminate the discriminatory practices and provide appropriate relief."

Representatives at Sharp would not agree to the terms. On June 12, 2015, the commission issued Sharp a Notice of Failure of Conciliation, the first step in a lawsuit.

In its complaint, the commission asks that Sharp "institute and carry out policies, practices, and programs to ensure that they would not engage in unlawful employment practices..."

In addition, the commission wants Sharp to pay Juarez for lost wages as well as non-pecuniary losses, including stress, humiliation, mental anguish, and loss of enjoyment of life.

The commission’s complaint will now move forward in federal court.