Deaf Minnesotan wins $180k settlement in hospital workplace discrimination case
Alex: A deaf woman from Minnesota, Kaylah Vogt, received a $180,000 settlement from a hospital, North Memorial Health Minnesota, after she filed a lawsuit alleging that she was discriminated against based on her disability when she was denied the opportunity to obtain a job as a greeter. Here is a clip of an interview.
[Interview video]
Kaylah Vogt: So what happened is that I applied through a staffing agency. They offered me the job via videophone. I was like, “Great, they offered the job.” I have work experience. After I got the offer, I felt comfortable opening up about my disability and I asked for reasonable accommodations. I thought I had nothing to lose, but I was wrong. They ended up taking away the job offer. The recruiter said they needed to ask their manager at the staffing agency. The manager then informed the recruiter that they couldn’t accommodate me. They didn’t give me a chance to have a meeting. There was no interactive process or dialogue to figure out what accommodations I needed. So they took away the job offer. I said that this was wrong. They were taken aback and then they contacted North Memorial hospital and explained that they had a deaf / hard of hearing applicant and asked if they could accommodate her. The hospital said “no.” The hospital didn’t engage in an interactive process either.
Alex: I read that the hospital believed you couldn’t do the job because it was during the coronavirus pandemic in 2020 and you “couldn’t” lipread due to masks. Does that make sense? If you did work there, would you have asked others to pull down their masks? Or use pen and paper?
Kaylah: I already knew that during the pandemic, it would be challenging with the masks. I was prepared and that’s why I wanted to ask for reasonable accommodations. So what did I ask for? You know, when you enter a clinic or a hospital, there is a poster board. It may have symbols, pictures, and words on it. Or it may give instructions to people to follow before they enter, or give directions. All hospitals and clinics have that. I asked about that but I think because they did not engage in an interactive process, they misunderstood and thought I was asking for note cards for each phrase. But I asked for a poster and I was very clear. I asked them to please set up a meeting with me so I can clarify what I meant. If they didn’t rush to deny me and taken the time to share concerns, I would have been able to explore other accommodations, such as live captioning. I could have used that. I’m flexible but because they both said “no,” I had no other options except to file claims with the EEOC.
[End interview video]
Alex: Kaylah said she first filed a discrimination claim with the Equal Employment Opportunity Commission (EEOC) against both the recruiting firm and the hospital.
Kaylah reached a settlement with the agency with the support of the EEOC, but the hospital denied any wrongdoing. Kaylah said she decided to take matters into her hands and hire an attorney to file a discrimination lawsuit on the state level while the EEOC filed a complaint under federal law. What helped her case is that she kept all the “receipts” of her correspondence with the staffing agency and the hospital.
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Alex: The Star Tribune covered the case and explained that the settlement is called a consent decree, which means the hospital makes no admission of wrongdoing but agreed to make the payout and take other actions to ensure compliance with the ADA. The report said the $180,000 payment covers $75,000 in compensatory damages, about $44,000 in back pay, and about $61,000 to pay her attorney’s fees.
[Interview video]
Kaylah: Don’t be scared to take protective actions. Don’t be afraid. If you ask for reasonable accommodations, this is a form of protected activity. If you disclose your disability and then ask for reasonable accommodations, that is a protected activity. And if you fear retaliation, that is actually illegal. So don’t be scared to — this is one thing that I will keep in mind going forward — to be more assertive after telling you that you’re disabled. Make sure you keep your receipts. I also learned to communicate without taking the legal route. I tried to communicate and educate them. But if I still face barriers, then I know what to do.
[End interview video]
Alex: Kaylah said her case contributed to the EEOC’s updated resource document, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act.” The document “clarifies that discrimination may occur when employers act on unfounded assumptions that workers with hearing conditions will cause safety hazards, increase employment costs, or have difficulty communicating.” The updated resource is available at the link in the transcript.
So, this is a recap of the case. Thank you, Kaylah Vogt, for your time. She is currently a graduate student at the University of Minnesota studying addiction and mental health counseling.
Star Tribune Article: https://www.startribune.com/deaf-woman-denied-a-job-at-north-memorial-agrees-to-180k-settlement/600244084/
EEOC Updated Resource: https://www.eeoc.gov/newsroom/updated-eeoc-resource-explains-ada-requirements-individuals-hearing-disabilities-workplace