Lawsuit: Purdue discriminated against disabled employee
Purdue University is accused of firing an award-winning, longtime employee after she became a paraplegic.
Rebecca Haynes-Bordas said she had been a valuable employee at Purdue University, winning awards for her work as an educator and financial counselor. She also received good performance reviews and was, at one point, recommended for a promotion.
But in 2014 — a year after she became a paraplegic — the 68-year-old Indianapolis resident was fired from the job she held for 25 years.
In a federal lawsuit she filed last month against her former employer, Haynes-Bordas accused the university of firing her for reasons that had nothing to do with her skills and performance. She claims Purdue discriminated against her because of her disability, failed to make reasonable accommodations for her disability, revealed her confidential medical information to co-workers and retaliated against her after she asked for minor structural changes in her work building.
“I couldn’t believe it. I just thought this can’t be true. I really felt like somebody had kicked me in the gut,” Haynes-Bordas said about her termination. “When I bring it all back up, it’s just unconscionable. It’s just not realistic. It hurts.”
Brian Zink, a spokesman for Purdue, said the university had received the complaint and will not comment on pending litigation.
Haynes-Bordas had been an educator at Purdue’s extension office in Indianapolis since 1990. She trained families from low- and moderate-income households on how to manage their money and work within their budgets. Part of her job was to connect the research university’s resources to the community.
In late 2012 and early 2013, Haynes-Bordas underwent two major surgeries, one to replace a leaking aortic valve and a second one to repair a triple abdominal aneurysm that was at risk of bursting. Complications from her second surgery, which lasted more than 11 hours, resulted in injuries to her spinal cord. She became paralyzed from the waist down and now uses a wheelchair to get around.
She was required to undergo lengthy rehabilitation and physical therapy. According to the complaint, Purdue’s disability benefits coordinator told Haynes-Bordas that she was eligible for long-term disability leave from May 2013 to May 2015.
While going through months of physical therapy, Haynes-Bordas trained and received a license to drive a modified van. She also regularly contacted her boss, the extension office’s district director, to update him on her progress, the complaint states.
In early 2014, Haynes-Bordas informed her boss that there might be additional issues for her to get inside the office building once she returned to work. The toilet would have to be modified to make it more accessible, but the building manager told Haynes-Bordas the minor structural change wouldn’t be a problem, the complaint states.
She said her boss did not respond to her requests for modification, which, she added, would not have cost the university any money at all.
“I repeatedly asked my district director to come and see me, to visit me and see the update to my condition, my recovery,” Haynes-Bordas said. “I live 10 minutes from the office. He never ever did.”
In May 2014, after receiving approval from her physical therapist and with still a year left in her long-term disability leave, Haynes-Bordas told her boss that she should be ready to return to work in about a month.
Two weeks later, her boss called her, Haynes-Bordas said.
“You have been off so long, the community needs aren’t being met. Unless we have a firm date in the near future, we will need to terminate your position in order to advertise and refill it,” Haynes-Bordas’ boss told her on the phone, according to court records.
She said her boss did not explain what he meant by “near future.”
The following day, she received her termination letter from Purdue. The letter stated Haynes-Bordas had exhausted both her paid and unpaid leave. The lawsuit claims this wasn’t true because her long-term disability leave did not expire for another year.
Purdue began looking for a replacement the following month, the complaint states. Haynes-Bordas then filed a discrimination charge with the Equal Employment Opportunity Commission.
The lawsuit, filed on March 16 in the U.S. District Court for the Southern District of Indiana, says Purdue’s actions violated the Americans with Disabilities Act.
“When it became obvious that she’d need some accommodations at work, once she presented her changed circumstances, she was no longer treated as the long-term valuable employee that she’d been for 25 years,” said Indianapolis lawyer Michael Dalrymple, who represents Haynes-Bordas. “All of a sudden, she’s a problem.”
Annie Watts, who has known Haynes-Bordas personally and professionally for 50 years, said her friend has earned an excellent reputation among her colleagues and the community she serves.
Haynes-Bordas was among a group of educators who received an award for creating a program that teaches students how to manage their finances. She also was often quoted and featured in articles and news releases about Purdue’s money-management programs.
Shortly after she went on medical leave in late 2012, Haynes-Bordas was recommended for a position as an interim county extension director. Another staff member was selected because Haynes-Bordas’ pending medical procedures required her to take time off work.
Dalrymple said Haynes-Bordas’ case illustrates why the federal disabilities act became law.
“First, it allows someone who experiences such a traumatic and life-changing event to rehabilitate themselves and return to the work they love and perform at such a high level,” Dalrymple said. “Secondly, it protects her from unconscionable conduct of her employer and provides an avenue for redress.”
Call IndyStar reporter Kristine Guerra at (317) 444-6209. Follow her on Twitter: @kristine_guerra.
Filed under: General Problems
Leave a Reply