By Michael Argenyi, md
Lauren Searls is a deaf registered nurse (RN), who has used American Sign Language (ASL) interpreters during her nursing education and works at Rochester Strong Memorial Hospital. She graduated from the Johns Hopkins School of Nursing and completed some of her education at Johns Hopkins Hospital. She performed admirably during her clinical rotations at JHH and was offered a position as a clinical nurse. JHH rescinded the job offer following her request for ASL interpreters, citing direct threat to patient safety and cost. Searls filed a complaint of discrimination under the Americans with Disabilities Act. On January 21, 2016, the United States District Court in Maryland ruled in favor of Searls, granting partial summary judgment. United States District Judge Catherine Blake found that Searls has the right to accommodations, including an ASL interpreter, on the job regardless of cost as long as the job duties are not altered or shifted unfairly to colleagues. The overall operating budget of the hospital is relevant, not merely the department or nursing budget to financing the addition of ASL interpreters. Furthermore, Searls’ track record working in Rochester does not support any direct threat to patient safety. Blake also struck down expert witness testimony on the basis that these expert witnesses were in fact not qualified in knowledge of deafness or accommodations in the healthcare setting. Searls’ trial will proceed only to determine the issue of damages. The defense for JHH may consider appealing some or all of Judge Blake’s rulings.
Patient safety is not a legitimate concern
The overall hospital or business operating budget is relevant to arguments of cost
An ASL interpreter is a reasonable accommodation regardless of additional cost incurred since provision does not alter job functions or duties
AMPHL would like to congratulate Searls and her legal team on their perseverance in pursuing this case. It will open doors for other deaf and hard of hearing healthcare professionals to move forward from training into the workforce. We would also like to thank Judge Blake for understanding the spirit of the ADA and affirming the richness that we add to the United States healthcare system.