Overcoming Discrimination Based on Medical History

This is what happened to Laurie, a student in the Masters of Social Work program at Portland State University.

Approximately 10 years before entering graduate school she had been successfully treated for a brain tumor.  To have documentation in the event that she would require a reasonable accommodation in her studies because of her brain surgery, Laurie had a neuropsychological evaluation before starting her first term.   However, because she did not need any accommodation to excel in the program, she did not submit the evaluation to the graduate school.

During her last semester Laurie did a field study in the social work department at Providence Cancer Center.  Following hospital protocol, she gave information about cancer support groups to a patient who did not yet have a clear diagnosis.  The patient became upset as a result.  Laurie was concerned about the incident, but received a supportive email from her field supervisor at the hospital, assumed that the issue was resolved, and continued the field study.  Ultimately, the   hospital changing its protocol because of the incident.

During a meeting with her field supervisor and faculty liaison a few weeks later, Laurie volunteered that she was a cancer survivor, and mentioned the neuropsychological evaluation.  Her advisers asked to see the evaluation, which she shared with them.  In a second meeting, the advisers questioned whether Laurie had the capacity to work in the field because of her “cognitive deficits.”   Shortly after this second meeting Laurie learned that her advisers had given her a failing grade in her field work, resulting in her dismissal from the program.

DRO Action

Disability Rights Oregon determined that Laurie’s abrupt dismissal from the program was in clear violation of a number of program policies, and may have been discriminatory.  With assistance from one of our staff attorneys, Laurie filed a grievance with the university.  At a hearing in response to the grievance, the faculty liaison admitted that she may not have failed Laurie in her field work had she not known about  her medical history.

Result

Laurie was reinstated to the program, assigned a new faculty liaison and given extra time – tuition-free – to complete another field study.   She currently works with adults who have developmental disabilities.