By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On November 4, 2020, a former employee of Kaiser Permanente Insurance filed a class-action suit in the U.S. District Court for the Northern District of Georgia, claiming discrimination. She says the company required her to take a “competency test” to determine if she could keep her job after the Atlanta business learned of her medical disability (anxiety and depression). The suit claims that the insurance company refused to accommodate her disability and fired her after she failed.
Alleged Disability Discrimination.
The plaintiff worked for Kaiser Permanente Georgia Region between October 2010 and August 2020. According to the lawsuit that was filed, she was diagnosed with anxiety and depression in 2018 and in May 2019 but was cleared by her physician to work. According to the suit, Kaiser Permanente singled her out, forced her to disclose her anxiety and depression, and required her to take a “competency test” for a job she already held. It is worth noting that mental conditions such as “anxiety and depression,” are protected by the Americans with Disabilities Act (ADA).
In March 2019, the plaintiff requested a reasonable accommodation—i.e., a postponement of the testing until she was mentally stable enough to sit for the test. She claims her request was denied outright by Kaiser despite its knowledge of her disability. Per the complaint, the plaintiff was told that she had failed the competency test, despite never having received her scores. In August 2019, she was retested and Kaiser told her that she failed.
On November 8, 2019, the employee was terminated because she “no longer met the job requirements and was not successful at passing the second attempt of the competency test,” the complaint said.
Failure to Accommodate Under the ADA.
The former employee alleged disability discrimination, unlawful medical requests, and failure to accommodate her disabilities under the ADA. She’s seeking unspecified damages for loss of past and future income, mental anguish, and emotional distress, along with her court costs and attorney fees.
Click here to read the complaint in full.
For more information, read our prior blog on a similar case dealing with an insurance company that was sued for mental health discrimination.
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Sources:
Konnath, Hailey. “Kaiser Permanente Hit With ADA Suit Over Competency Tests.” Law360. (November 4, 2020). Web.
Shaak, Erin. “Singled Out: Lawsuit Claims Kaiser Permanente Denied ‘Competency Test’ Accommodation for Ex-Employee with Disability.” Newswire. (November 5, 2020). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.
“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
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Mr. Indest,
I’m very interested in this story and applaud you for posting it as it pertains to so many physicians.
However, the link to the case brings me to Law 360 which then demands that I enter my email information and also demands that I indicate which product of Law 360 I’m interested in and demands by this that I give permission for a sales call. Reluctantly, I did so.
That then led me to a “page not found” error. Not only is this frustrating, it’s grossly unethical of Law 360 to operate in this predatory manner. Either they want to enable your sharing of pieces, or they don’t.
I hope you’ll address this with them and also offer a more accessible link to the brief.
I plan to as well. And I not likely to ever subscribe to a law news service that operates in such a predatory manner.
And, when I tried to go to the link to the blog piece that discussed the insurnace company that was sued on a similar issue, I get a blank screen with even elements of the header blocked out. I hope this is just a technical glitch. But, given my knowledge of the powers that operate in this arena and knowing their antipathy toward ADA and its applicability toward the physician sector, I’m deeply concerned about these blocks.
I hope you will address this.
Thanks for your always informative blog and slide presentations.