Medical Group Sued by EEOC for ADA Violations for Terminating Doctor on Pain Medications

Tuesday, October 25, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In July 2013, Dr. Alunda Hunt M.D., was employed by the Georgia Hospitalists Group to treat acutely ill patients at the Spaulding Regional Medical Center.  Exactly one month after hire, Hunt provided a doctor's note explaining that he had a chronic medical condition and was being treated with back injections and a combination of prescribed narcotics.  Shortly after Hunt presented the doctor's note, he was terminated by his medical group even though he was allegedly still able to fulfill all of his job requirements.


Violation Of The Americans With Disabilities Act.

On September 28, 2016, ApolloMD and Georgia Hospitalists Group were slammed with an employment discrimination suit by the U.S. Equal Employment Opportunity Commission (EEOC).  ApolloMD was the management group providing services for the Georgia Hospitalists Group.

The EEOC claims the physician services company and the medical group violated the Americans with Disabilities Act (ADA) by firing Hunt for taking prescribed narcotic medication to treat his chromic pain.  The EEOC stated, "Dr. Hunt was unlawfully terminated by defendants because of his disability and/or because he was regarded as a person with a disability due to his impairment and use of legally prescribed narcotic medications."  

ApolloMD temporarily suspended Hunt after learning of his medical treatment and demanded Hunt resign from his position.  The company told Hunt they believed his medical condition made him incapable of performing his daily job duties.  The EEOC claims that when Hunt rejected ApolloMD's request to resign, the company fired him.  


Request From The EEOC.


According to the EEOC, there were no indications that Hunt suffered side effects from his treatment that would affect his job performance.  Hunt was held accountable for urine tests and was monitored via the Georgia Board of Pharmacy to make certain he was using the prescriptions in compliance with his treatment plan.  

The EEOC requested a jury trail and is pursuing reinstatement, pay back with interest and compensation for job search and relocation expenses for Hunt.  


Click here to read one of my prior blogs on a similar case.


Source:

Stanley, Chuck. "EEOC Sues Medical Group For Firing Doctor On Pain Meds."Law360. (October 21, 2016).Web.


About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with 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 Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.


KeyWords: U.S. Equal Employment Opportunity Commission, EEOA, Americans with Disabilities Act (ADA), employment discrimination defense attorney, reviews of The Health Law Firm, The Health Law Firm Attorney reviews, Board of Pharmacy defense attorney, Board of Pharamcy Investigation lawyer, legal representation for Board of Pharmacy investigations, health care compliance defense lawyer, legal representation for health care professionals, The Health Law Firm
 
“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
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10/25/2016

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