Farha v. Cogent Healthcare of Mich., P.C. — Feb. 2016 (Summary)

DISCRIMINATION AND WHISTLEBLOWER CLAIMS

Farha v. Cogent Healthcare of Mich., P.C.
Case No. 14-14911 (E.D. Mich. Feb. 29, 2016)

The United States District Court for the Eastern District of Michigan granted in part and denied in part a medical practice’s motion for summary judgment on claims made by a former employed hospitalist who sued the group after being terminated. The practice alleged that it fired the physician because she complained about her schedule for two years, was constantly tardy, and that she threatened to refuse to work when scheduled. The practice also noted she provoked a blowup with her supervisor in the middle of the hospital. The physician argued that the termination violated her employment contract, as she was never formally confronted about the complaints that had been raised about her tardiness. She also alleged that her termination violated the Americans with Disabilities Act (“ADA”) and the Family and Medical Leave Act (“FMLA”), alleging her scheduling issues were based on the treatment she was receiving for a detached retina. Finally, she brought a claim under the Michigan Whistleblower Protection Act, alleging that her termination was in retaliation for raising clinical concerns about another physician.

The court determined that it was not appropriate to grant summary judgment on the breach of contract claims, as the parties provided very different accounts of the physician’s employment and whether she was indeed arriving late for work.  The physician’s discrimination claim under the ADA would also go forward, as would her discrimination claims under the FMLA and the state whistleblower statute.  However, the court did grant the practice summary judgment on the ADA accommodation claims, finding the practice had engaged in the interactive process to determine a reasonable accommodation, as well as the physician’s FMLA interference claim.