Labor & Employment Law Daily Wrap Up, DISCRIMINATION—DISABILITY—Conn. App.: Hospital prevails against claims of fired LPN with alcoholism, bipolar disorder, (Feb 12, 2025)

By Jason Albright, J.D.

During a leave of absence the LPN took, the Connecticut Department of Public Health began investigating her history of alcohol abuse.

The Hospital of Central Connecticut was entitled to summary judgment against the disability discrimination and failure to accommodate claims of an LPN with alcoholism and bipolar disorder who was fired following the suspension of her nursing license and after an extended period of medical leave, ruled a Connecticut Court of Appeals. The hospital presented unrefuted evidence that it terminated her for her failure to return to work and inability to work as a registered nurse due to the loss of her license. She also admitted that she had not provided the hospital with a return to work date—or even notified it that she would ever be able to return to work—as of the time of her termination, and she did not submit any evidence that the hospital had a vacant position for an alternative placement or that she applied for one before she was fired (Eldridge v. Hospital of Central Connecticut, No. AC 46868 (Conn. App. Feb. 11, 2025)).

LPN with alcoholism and bipolar disorder. The Hospital of Central Connecticut hired the employee as an LPN on or about March 6, 2017. She suffers from several conditions, including alcoholism and bipolar disorder, according to the court.

Medical leave. The LPN began a medical leave of absence under the FMLA and Connecticut Family and Medical Leave Act (CFMLA) in May 2018 to undergo treatment for alcoholism and bipolar disorder, as well as depression. By that time, the hospital was aware of her medical conditions. She was entitled to up to 12 weeks of FMLA leave and 16 weeks of leave under the CFMLA.

Suspension of nursing license. During her leave, however, the Connecticut Department of Public health began investigating her history of alcohol abuse, and the state Board of Examiners for Nursing ultimately suspended her state nursing license as of August 22, 2018. Her license remained suspended until she voluntarily surrendered it in May 2019.

Exhaustion of statutory leave. After she exhausted her FMLA and CFMLA leave, the employer’s third-party leave administrator informed her that her leave benefits would be extended through November 11, 2018. Then, on November 12, the hospital terminated her employment. As of that date, her license remained suspended, she had not provided the hospital with a return to work date, and she had not even informed it whether she would ever be able to return to work.

Lawsuit. The employee sued in state court, alleging that the hospital discriminated against her on the basis of disability in violation of Connecticut law and unlawfully failed to accommodate her disabilities.

Decision below. Granting summary judgment for the hospital, the trial court found that, although she had established a prima facie case of disability discrimination, the hospital articulated a legitimate nondiscriminatory reason for her termination, and she failed to demonstrate pretext. The trial court also found that she failed to identify any request for an accommodation made prior to her discharge.

The former LPN appealed to the Connecticut Appellate Court.

Disability discrimination. Affirming, the appellate court found that the employee failed to show disability discrimination. The hospital had presented unrefuted evidence that it terminated her for her failure to return to work and inability to work as a registered nurse due to the loss of her license. And she failed to offer any evidence that its proffered reasons were pretextual.

Failure to accommodate. Her failure to accommodate claims were likewise without basis, according to the appeals court. The employee admitted that, as of the date of her discharge, she had not provided the hospital with a return to work date—or even notified it that she would ever be able to return to work.

As to possible job reassignment, the employee maintained that she may have been qualified for a position in the dietary field or as a registered medical assistant. She did not, however, submit any evidence that the hospital had a vacant position in either of those areas from the beginning of her leave to the date of her termination, and she admitted that she never applied for an alternative position with the hospital until after she was fired.

The case is No. AC 46868.

Judge: Suarez, J.

Attorneys: James V. Sabatini (Law Offices of James V. Sabatini) for Kimberly Eldridge. David R. Jimenez (Jackson Lewis) for Hospital of Central Connecticut.

Companies: Hospital of Central Connecticut

Cases: DisabilityDiscrimination Discrimination Discharge ConnecticutNews