From Judge Dan Polster's opinion today in Koe v. Univ. Hospitals Health Sys., Inc. (N.D. Ohio):
Plaintiff states that he was a resident physician in the Case Western Reserve University/University Hospitals Cleveland Medical Center residency program beginning in June 2019. He also states that he is a qualified individual with a disability as defined by the Americans with Disabilities Act ….
Plaintiff alleges that in the course of his residency, other residents and nursing staff repeatedly questioned Plaintiff regarding his health and the health of his family. During a year-end performance review, Plaintiff advised his program director that he believed this action constituted harassment on the basis of disability and created a hostile work environment, and he asked the program director to stop the behavior. Plaintiff contends that the program director failed to take corrective action. According to Plaintiff, during the next performance review, the program director advised Plaintiff that he must have an EAP (Employee Assistance Program) assessment but neglected to explain why. Plaintiff continued to reach out to the program director to inquire as to her rationale for mandating the assessment to no avail. Plaintiff contends that, fearing discharge, he reluctantly met with a University Hospitals clinician for the assessment and a follow-up assessment. Plaintiff alleges that after the assessment, he was forced, under verbal and written threat of discharge, to sign a "Compliance Contract" that conditioned Plaintiff's continued employment on his submission to ongoing compulsory counseling. He claims that Defendants subjected him to ongoing discriminatory and retaliatory harassment.
Plaintiff alleges that Defendants' behavior constituted a violation of Title VII of the Civil Rights Act of 1964; Title I of the ADA; and Title II of the Genetic Information Nondiscrimination Act of 2008….
Plaintiff moves for leave to file this action anonymously. In support, he alleges that he is compelled to disclose information of the "utmost intimacy," including "conversations pertaining to counseling sessions." He alleges that medical decisions relating to his health care and treatment are sensitive and personal matters warranting the use of a pseudonym….
