No clean bill of health for employer’s termination defense

The Americans with Disabilities Act (ADA) prohibits employers from discriminating against a qualified individual on the basis of disability and requires reasonable accommodations for qualified individuals with disabilities. Once an employee discloses a medical condition, the employer must engage in an interactive process—and terminating that employee soon afterward can raise red flags. As one Arizona employer recently learned, an accreditation survey gone sideways may look like an airtight, nondiscriminatory reason for a manager’s termination, but the U.S District Court for the District of Arizona found the employer’s stated reason needed more than a diagnosis—it needed supporting documentation.

Case history

Dr. Ronald Mogaka served as Director of Nursing (DON) for Physician’s Management Employee Leasing Company (PMPH) from January 2023 until his termination that December. Mogaka, who has colorectal cancer, alleged he informed PMPH of his diagnosis and requested time off for doctor’s appointments, but his requests were twice denied, and he was terminated shortly after. 

PMPH countered that Mogaka was terminated because the hospital had received an unfavorable Joint Commission survey and a preliminary denial of accreditation (PDA), along with unspecified “overall poor performance.” PMPH asked the court for judgment in its favor on, among other claims, Mogaka’s ADA claims for wrongful termination and failure to accommodate.

Diagnosing wrongful termination under the ADA