Medical Transcription Company to Pay $30,000 to Settle EEOC Disability Discrimination Suit
Source: U.S. Equal Employment Opportunity Commission (EEOC)
Company Denied Job to Woman Because of Multiple Sclerosis, Federal Agency Charged
BALTIMORE –A Rockville, Md. transcription company will pay $30,000 and furnish substantial remedial relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced.
According to EEOC’s suit filed in the U.S. District Court for the District of Maryland, Southern Division, since at least May 2006 and continuing to the present, the medical transcription company denied Mary Bobik a position as a full-time medical transcription editor. The company’s supervisor told Bobik they didn’t want to “stress her out” with the responsibilities of a full-time position, even though she had worked at the company for several years and was regularly assigned to work more than 60 hours a week as a part-time editor. Bobik had nearly 20 years as a medical transcriptionist as an editor and was physically capable and willing to perform the duties, the EEOC said. Instead, the agency said, the company ignored Bobik’s requests for a full-time job and hired other persons with less experience. Additionally, the EEOC charged, the company disseminated Bobik’s confidential medical information to third parties.
The Americans With Disabilities Act (ADA) makes it unlawful to discriminate against a qualified individual because of a disability. The law also requires employers keep all medical records and information confidential and in separate medical files. The EEOC filed suit after first attempting to reach a voluntary settlement out of court.
In addition to the monetary relief to Bobick, EEOC’s settlement requires the company to provide significant remedial relief during the five-year consent decree. The company will:
- refrain from engaging in discrimination against employees or prospective employees on the basis of their disabilities;
- refrain from disseminating employees’ confidential medical information to third parties;
- require all current and future managers responsible for the interviewing, screening, selecting, hiring and/or firing of employees to attend a live two-hour training program on the prevention of employment discrimination and compliance with federal anti-discrimination laws, with a particular emphasis on disability discrimination and the confidentiality of employee medical information;
- post notices stating its commitment to maintaining an environment free of disability discrimination; and
- submit other compliance reports to EEOC at six month intervals for the duration of the decree.
“This case shows that too many employers continue to make unlawful employment decisions based on uninformed prejudices and irrational fears,” said Debra M. Lawrence, regional attorney of the EEOC’s Philadelphia District, whose jurisdiction includes Maryland. “We brought this lawsuit because the purpose of the ADA is to eliminate this kind of employment discrimination against people with disabilities who are qualified to do the job.”
According to its web site, the company provides medical transcription services to hospitals and medical facilities in Washington D.C. and throughout the country.
In fiscal year 2009, disability-based charges rose to an unprecedented level of 21,451, representing 23 percent of all charges filed in Fiscal Year 2009.
For more information on the ADA, or to protect your company from potential liability, please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.