In the case of Ferguson v. Univ. Hosp. Health Sys., Inc., 2022-Ohio-3133, the Court of Appeals held that University Hospital did not engage in discriminatory practices by putting a nurse on leave and not allowing him to return to working, pending medical clearance, since the hospital’s stated reasons for its actions were legitimate.
Here, the nurse alleged that the hospital violated the Ohio Civil Rights Act, R.C. Chapter 4112, because the hospital took an adverse employment action against him as a result of his disability, failed to reasonably accommodate his disability, and terminated him in retaliation for his request for accommodation when he requested to work eight-hour shifts rather than twelve-hour shifts. The Court disagreed.
In support of its decision, the Court reasoned that working twelve-hour shifts was an essential function of the nurse’s job duties based on the written job description and the performance of the other nurses in the same job. The Court notes that the nurse provided no evidence that the hospital could have reasonably allowed just one nurse to work eight-hour shifts while the rest worked twelve-hour shifts without adding to their patient loads and negatively affecting patient care. The Court further explains that the hospital offered several accommodations to the nurse other than shortening his shifts, but the nurse declined. The hospital then placed the nurse on administrative leave until he could be medically cleared to work twelve-hour shifts, which the Court found to be a legitimate and nondiscriminatory nor retaliatory decision.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.