Jewish Community Center of Greater Washington sued for discrimination
EEOC alleges violation of Americans with Disabilities Act for former nursery school assistant teacher
The U.S. Equal Employment Opportunity Commission is suing the Jewish Community Center of Greater Washington in Rockville, claiming the community center discriminated against an employee with a hearing disability.
The lawsuit, filed July 20 by the EEOC in United States District Court in Greenbelt, says the Jewish Community Center violated the Americans with Disabilities Act when the organization demoted Carole Schulman from nursery school assistant teacher to a "lower-paying" position of mailroom clerk.
Schulman, who has been hard of hearing for more than 20 years, has a cochlear implant in her right ear that allows partial hearing and enables her to hear high-pitched sounds such as "children laughing and talking," the lawsuit says.
Jewish Community Center of Greater Washington Chief Executive Officer Michael Feinstein wrote in an e-mail to The Gazette that he "cannot comment on any specifics related to the case."
Schulman had been employed by the Jewish Community Center of Greater Washington from December 2005 until June 30, according to the e-mail.
"We are surprised by the Equal Employment Opportunity Commission's action," Feinstein wrote in the e-mail statement. "The inclusion of those with special needs and respect for every individual are core values of the Jewish Community Center of Greater Washington."
The e-mail continues: "We are very proud of our nationally recognized special needs camp inclusion program, our policy of providing interpreters for the hearing impaired at our annual meetings and whenever requested, and our strict policy against discrimination in employment practices. Those who really know the Jewish Community Center of Greater Washington understand that we would never discriminate against anyone under any circumstances."
The lawsuit also alleges that the Jewish Community Center has engaged in "unlawful employment practices," which include "declaring Schulman unable to perform her assistant teacher position with or without a reasonable accommodation."
The lawsuit states that Schulman was "at all times willing and able" to perform the functions of her position as assistant nursery school teacher "with or without reasonable accommodation."
More than 30 days before the lawsuit was filed, Schulman filed a complaint against the Jewish Community Center with the EEOC, claiming the Jewish Community Center of Greater Washington violated Title I of the ADA, according to the lawsuit.
According to Title I of the ADA, employers with more than 15 employees must provide reasonable accommodations to suit the needs of any disabled member of staff.
The lawsuit alleges that since February 2008, the Jewish Community Center of Greater Washington "denied her reasonable accommodation."
Schulman and the EEOC are seeking monetary damages "in amounts to be determined at trial." No amounts are listed in the lawsuit.
EEOC spokeswoman Justine Lisser would not provide any additional information, saying the EEOC does not comment on cases under litigation.
Attempts to reach Schulman were unsuccessful by Tuesday afternoon.