Children’s Hospital of Philadelphia Sued by Former Nurse for Disability Discrimination and Retaliation
Together with co-counsel, Conway Legal today filed a lawsuit against The Children’s Hospital of Philadelphia (“CHOP”) on behalf of a former nurse who worked in its prestigious “Special Delivery Unit” (“SDU”) alleging disability discrimination, failure to provide a reasonable accommodation, and retaliation. The lawsuit was filed in federal district court in Philadelphia, Pennsylvania. According to the Complaint, CHOP attempted–on at least two occasions–to force the Plaintiff to perform “charge nurse” management duties even though she was not hired to perform the duties, was not trained to do so, and it was not safe nor reasonable for her to act as a charge nurse in light of her disabilities. The Complaint alleges that CHOP attempted to force her into a different role in order to save money and increase revenue rather than properly schedule existing staff or hire additional nurses to cover the charge nurse role during each shift, notwithstanding her disabilities, and when she indicated she could not perform the role she was ostracised by her manager for not being a “team player.” Though CHOP was aware of her disabilities and that she could not perform the job duties of the charge nurse role, the Plaintiff nevertheless submitted a request for a reasonable accommodation under the Americans with Disabilities Act (“ADA”) as a last ditch effort to stop its discrimination. Ultimately, and despite having generated more than $5 Billion dollars in revenue in FY 2025, her request was denied because–according to CHOP–it would create an undue hardship on its operations, even though the Plaintiff had already worked in her existing position for several years without any complaint.
According to the Complaint, shortly after CHOP attempted to paint the Plaintiff as being “insubordinate” for the purpose of terminating her employment. Plaintiff alleges, however, that it was a pre-text for retaliation and, ultimately, because of the intolerable working conditions she was constructively discharged from her employment by CHOP. The ADA protects employees, such as the Plaintiff, who suffer from “qualifying” disabilities and prohibits discrimination and retaliation in the workplace. The lawsuits allege that CHOP violated the ADA and seeks damages for, among other things, lost wages and emotional distress.
Conway Legal is actively investigating cases involving disability discrimination and retaliation in the workplace in violation of state and federal law, including employees who work (or worked) for CHOP. If you believe you have been discriminated against in connection with your employment, please reach out to Conway Legal at (215) 278-4782.