A Philadelphia gay man has filed an antibias complaint against the Children’s Hospital of Philadelphia, claiming he was illegally fired from his job as an order filler due to his sexual orientation and HIV-positive status.
On Dec. 26, “John Doe” filed a 17-page complaint with the Pennsylvania Human Relations Commission. Doe, 38, worked at CHOP from January 2018-July 2019. His job involved locating medical equipment and supplies in the basement of CHOP for use elsewhere in the facility.
Doe claims he was subjected to a hostile work environment throughout his employment. For example, a coworker allegedly referred to Doe as a “fa–ot,” and a supervisor criticized Doe for being gender nonconforming in his mannerisms. A male technician simulated a limp wrist in Doe’s presence, apparently to mock Doe. Also, a coworker allegedly rammed a cart into Doe as he was selecting medical supplies for use elsewhere in the facility, according to the complaint.
In February 2019, Doe, who is HIV-positive, requested and was granted time off to be treated for rectal cancer. Doe had a tumor removed on March 25, 2019. In May 2019 management pressured Doe to return to work, against Doe’s wishes. Doe was told he would lose his job if he didn’t return to work, according to the complaint.
Doe requested less strenuous work and fewer hours while he continued to recover from surgery to no avail. He eventually returned to work in May 2019, but when he requested more time off, he was fired in July 2019, according to the complaint.
“Doe agreed to return to work despite the fact that he was still fighting rectal cancer and convalescing, experiencing pain in his rectum and continuing to have nosebleeds on account of his cancer on a regular basis,” the complaint states.
Doe’s return to work was physically painful. “Doe also recalls that he would frequently have nosebleeds at work, that other co-employees and supervisors would observe this and react with revulsion, and that Doe would continue to work through his nosebleeds,” the complaint states.
Doe claims that CHOP failed to offer him a reasonable accommodation — such as part-time work — so that he could return to work without jeopardizing his health. By firing Doe, CHOP placed Doe in a difficult situation according to the complaint.
“CHOP not only left Doe without any income during this extremely challenging time of his diagnosis and treatment, but Doe is not in a position where he can afford to continue medical benefits under COBRA, and has therefore been placed in a precarious position with respect to his diagnosis and treatment,” the complaint states. “Doe is also unsure how he will be able to afford his HIV medications to manage his condition.”
In October, Doe was awarded state unemployment compensation benefits. However, his award is being challenged at the state Unemployment Compensation Board of Review, according to the complaint.
Doe is requesting damages in excess of $75,000 and reasonable attorney’s fees.
“My client was treated callously on account of his health,” said Justin F. Robinette, an attorney for Doe. “No one should be treated like this. We allege that my client’s status as an HIV-positive gay man was the motivating factor for his discharge. And that’s clearly against the law.
Camillia Travia, a spokesperson for CHOP, said in an email: “In response to your inquiry, Children’s Hospital of Philadelphia has no information: We do not comment on matters involving litigation.”