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Nurse with nerve damage given no shifts


Rebecca worked as a nurse. She had surgery that led to nerve damage, leaving her without lateral movement in her arm. Since then, however, she worked full time for years without a problem. But the nurse manager told her that there had been complaints about Rebecca's performance, concerning her not being able to carry meal trays for patients. Soon afterwards, she was told that her next shift had been cancelled. When she tried to negotiate different duties, she was unsuccessful. She was given no more shifts.

Rebecca made a complaint to the Commission. The hospital replied that they were concerned Rebecca could not perform her duties safely and to the satisfaction of patients and staff.

Although the hospital denied they had unlawfully discriminated against Rebecca, they agreed to attend a conciliation conference. During this meeting, Rebecca asked for $15,000 for injury to feelings, and a larger amount for lost income. The hospital offered $5,000, which Rebecca agreed to and the matter resolved.

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