Here's a sticky staffing situation: A longtime surgical aide with attention deficit hyperactivity disorder who'd become a problem employee sues you for discrimination after he leaves you no choice but to fire him.
Sounds like a slam dunk of a lawsuit, but a New Jersey court's affirmation of a hospital's termination of the ADHD employee shows facilities have the latitude to dismiss employees with disabilities like ADHD without violating state laws protecting them, as long as there is no intentional discrimination.
Jason A. Zangara worked at Somerset Medical Center in Somerville, N.J., for about 9 years, starting as a part-time volunteer in the transport department at age 13, according to court records. He subsequently got a full-time job as a surgical aide and was transferred to the post-anesthesia care unit of the hospital OR. As a pre-teen, Mr. Zangara had been diagnosed with ADHD, which can involve inattentiveness, overactivity and impulsivity. The National Library of Medicine reports that about half of children with ADHD will continue to have troublesome symptoms as adults, and long-term effects include problems like keeping a job.
The young man worked mostly with female employees and faced the stresses of a surgical environment. Though well-liked by many colleagues, he openly feuded with others and made a pass at one. He called an older woman "honey," hugged her and kissed her on the cheek. She said she "felt creeped out" and "uncomfortable" about this and they became enemies. Although he complained frequently about co-workers to supervisors, his formal evaluations were initially good but they became increasingly more negative, focusing on his inability to get along. By 2008, supervisors told Mr. Zangara he was "rude and disrespectful" to co-workers, played on his laptop at work and hardly listened to corrections of his mistakes.
He was fired when he was around age 22. In the 2008 dismissal, the hospital explained to Mr. Zangara, "This is not the first time this manner of behavior has been reported and documented with your conduct." Even at the end, however, he remained popular with many co-workers, and 14 of them signed a letter to the hospital stating they were "extremely dissatisfied" with his departure.
Mr. Zangara later sued Somerset Medical Center and 4 former co-workers. Rather than being a problem worker, he said he put up with discrimination due to his ADHD and cited the New Jersey Law Against Discrimination. Mr. Zangara argued that hospital officials were aware of his ADHD from the time he was a volunteer. The medical center didn't deny this, but asserted Mr. Zangara never complained he was being discriminated against during his entire employment and had never requested any accommodations based upon his disability.
In 2010, both sides filed for summary judgment, in which a judge is asked to make a determination before the case goes to trial. The judge dismissed the lawsuit, saying the medical center had presented legitimate, non-discriminatory reasons for its decision to terminate Mr. Zangara.
Mr. Zangara appealed the summary judgment, representing himself at the hearing. He argued that the firing didn't make sense and noted many of his co-workers disagreed with the action. But his appeal was denied. In general, the court stated, "an employer can legally discharge an employee without violating employment discrimination statutes 'for good reason, bad reason or no reason at all,' as long as there is no intentional discrimination."
Reached for comment, Mr. Zangara says he has petitioned the New Jersey Supreme Court to hear the appeals case and he has filed a lawsuit against an attorney for the hospital charging defamation and illegally obtaining medical records. He has also filed a motion to remand the case back to the court based on the attorney's alleged misconduct. He is representing himself in these actions.
Leigh Page
