Wilson v. Southampton Hosp. – Aug. 2015 (Summary)

DISCRIMINATION/RETALIATION

Wilson v. Southampton Hosp., No. 14-cv-5884(ADS)(GRB) (E.D. N.Y. Aug. 28, 2015)

The United States District Court for the Eastern District of New York granted in part and dismissed in part a hospital’s motion to dismiss claims made by a nurse regarding discrimination, retaliation, and breach of a contract. The nurse was employed at the hospital for over 20 years. She went on disability leave from the hospital in October 2012, due to a dependency on prescription drugs. In January 2013, her nursing license was conditionally reinstated. When she returned to work, she was informed that her former position was unavailable due to her inability to access narcotics. The hospital employed her in a different, temporary capacity, but after testing positively for opiates, her employment ended. The parties disputed whether the nurse resigned or was terminated.

The court dismissed the nurse’s claims for disability discrimination, discriminatory retaliation, failure to reasonably accommodate, and breach of contract, but did not dismiss her claims under the federal Rehabilitation Act and New York State Human Rights Law for intentional discrimination on the basis of a disability and failure to provide reasonable accommodation.