NEW BEDFORD — A lawsuit alleging that Greater New Bedford Regional Vocational Technical High School became a hostile work environment for a longtime employee with a chronic disease was dismissed after both sides agreed to a settlement.
The lawsuit was filed in Bristol County Superior Court Aug. 17, 2022, by Ana Haley of Mattapoisett, who had been an employee of the school for 24 years.
It named the school, former Superintendent James L. O'Brien and current Superintendent Michael Watson as defendants.
It was moved to United States District Court Sept. 15, 2022, at the defendants' request.
The lawsuit sought damages "for unlawfully intimidating, interfering, discriminating and retaliating against" Haley.
Settlement details have not been released
The settlement was reached June 21, and the lawsuit was dismissed. The details have not been released by the plaintiff or the defendants. The trial was to have started July 15.
Attorney Scott Lang, who represented Haley, said the financial settlement was "fair," but declined to provide a specific figure.
Watson did not immediately respond to a request for settlement details or comment.
The Standard-Times has filed a public records request with the school seeking settlement details.
Haley began working for the school in 1997
Haley started working for GNBVT in 1997 as a part-time substitute teacher. She became a full-time administrative assistant to the principal in 1999.
Haley suffers from severe Crohn's disease, according to the lawsuit.
The lawsuit states she had disclosed her disability to the school and every year had taken intermittent Family Medical Leave Act leave for treatment.
According to the Mayo Clinic website, "Crohn's disease can be both painful and debilitating, and sometimes may lead to life-threatening complications. There's no known cure for Crohn's disease, but therapies can greatly reduce its signs and symptoms and even bring about long-term remission and healing of inflammation. With treatment, many people with Crohn's disease are able to function well."
Lawsuit alleged failure to make 'reasonable accommodations'
The lawsuit alleged that the school and school officials named repeatedly failed to make "reasonable accommodations" that would allow her to work.
GNBVT closed the building March 16, 2022, due to COVID, and employees worked remotely, according to the lawsuit.
Haley worked successfully from home, from March 16, 2020 through June 2020, even working extra, unpaid hours, according to the lawsuit.
Haley worked year-round in her position
She was then ordered to return to the building at the end of June 2020 with other full-time employees. Haley worked year-round in her position.
The 2020-2021 school year began Sept. 16, 2020 as hybrid. Academic classes were remote, and shop classes were three days in person, three remote.
Students at high risk of COVID could attend both remotely. GNBVT required all faculty and staff to work in-person.
Haley went to the emergency room on July 1, 2020 from a complication due to her Crohn's disease, according to the lawsuit.
The lawsuit states she underwent surgery. She was required as part of her post-operative recovery to undergo a daily bathing process, requiring clean, hot water and a sanitary environment.
Lawsuit alleged Haley denied request to work from home
She requested a "reasonable accommodation" that she be allowed to work from home to take the baths as prescribed, according to the lawsuit.
Her request was denied without any discussion or interactive process, according to the lawsuit, and she was told she could bathe at work, according to the lawsuit.
She then requested to be allowed to come in early or late, but work the same number of hours.
Haley allegedly told school didn't want to set a precedent
That also was denied without any discussion or interactive process, according to the lawsuit. She was told she would have to use sick time or FMLA leave time if she needed to go home early.
According to the lawsuit, she was told by "GNBVT and/or O'Brien" that they did not want to set a precedent because then they would have to allow other requests.
She returned to work in-person on July 6, 2020.
For the first couple of days she came in early and used sick time and FMLA leave time to leave early to finish the baths, according to the lawsuit.
With her sick time dwindling, she was forced to attempt to complete the baths at work, according to the lawsuit.
Allegedly had to use coffee machine for hot water
Water from the school sink wasn't hot enough so she was forced to run water through the coffee machine in the front office staff break room.
She was also forced to use a public bathroom as the site for the baths.
Her physician was concerned with the unsanitary nature and the high risk of infection given this routine, according to the lawsuit.
Haley decided not to complete the baths at work, and ended up requiring more surgery in September 2020.
Haley put in 'impossible situation'
"By not approving Haley's reasonable accommodation request, the school put her in an impossible situation of forcing her to put her work before her health," according to the lawsuit.
Following the September surgery, Haley was out on sick and FMLA leave until Oct. 7, 2020. She was experiencing a recurrent fever, according to the lawsuit, and recovering from surgery.
She began a new treatment regimen which included a new daily medication, a weekly chemotherapy drug and regular immunotherapy infusions. She informed the school, according to the lawsuit.
Her doctor's opinion was that she shouldn't be working in the school. Her immune system was even more suppressed, which put her at greater COVID risk, the lawsuit states.
Doctor allegedly requested Haley be allowed to work from home
The doctor faxed her opinion to the school on Sept. 25, 2020, requesting she be allowed to work from home, according to the lawsuit.
Haley approached Human Resources but was told the school had a policy that no one was allowed to work from home.
She was also told that she could not enter the building if she had a fever and would have to use sick time, according to the lawsuit.
Her doctor sent a second letter on Sept. 28, 2020 asking she be allowed to work from home, according to the lawsuit. It included more details on her condition and CDC guidelines related to COVID and high-risk groups.
It was denied by letter on Oct. 6, 2020.
School official allegedly said Haley's duties couldn't all be done from home
Former Superintendent James L. O'Brien said there was a staffing shortage in the front office and Haley had various duties that couldn't be done at home, according to the lawsuit.
In the letter, O'Brien offered to provide her with a N95 mask, disinfectant for her desk, and plexiglass. Those were offered to every staff member.
Haley was forced to stay out of work, use sick time, vacation time, FMLA time, and apply for long-term disability benefits, according to the lawsuit.
She was forced to take an unpaid leave of absence for the rest of the school year once she exhausted all her paid time off and FMLA, according to the lawsuit.
She made that request Nov. 30, 2020, which was approved on Dec. 3, 2020.
Returned to work when couldn't pay bills, according to lawsuit
Haley returned to work in May 2021 because she couldn't pay her day-to-day bills, according to the lawsuit.
The lawsuit states that when she returned she was approached by HR and told they would allow her to combine break time and modify her work hours to complete her baths, which were needed three to four times per day at that point.
Allowed extra time but still couldn't go home
Haley requested that she be allowed to take her break and lunch together and minimal extra time to go home and complete the baths. She offered to make up that time before or after school, according to the lawsuit.
"GNBVT and/or O'Brien" allowed her to come in 15 minutes early and combine her lunch and break but didn't allow her to modify her hours so she could go home to do the baths, according to the lawsuit.
Without enough time to get home for the baths, she was forced to complete them at her parents home or not do them, according to the lawsuit. The school did approve her intermittent FMLA leave in June 2021.
Haley allegedly assigned additional duties
On or about July 1, 2021, Michael Watson became superintendent.
In the summer of 2021, "GNBVT and/or Watson" consolidated the two administrative assistant to the principal positions onto Haley, according to the lawsuit.
New duties came without pay increase, according to lawsuit
That meant many more responsibilities without an increase in pay, according to the lawsuit.
The lawsuit states that on or about Nov. 26, 2021, Haley went out of work again because her medical condition was worsening.
She informed GNBVT that she was going out of work and applying for long term disability for a second time to care for her medical needs, the lawsuit states.
GNBVT recorded it as a resignation, and cut off electronic access and was preparing to cease her insurance plans. She immediately clarified she was not resigning, which GNBVT acknowledged, according to the lawsuit.
She then went out of work on FMLA leave. Haley was approved to be out until Dec. 23, 2021, when she was scheduled to see her treating physician, the lawsuit states.
Haley approved for unpaid leave
On or about Dec. 17, 2021, her position was posted on the GNBVT careers homepage as a temporary position, according to the lawsuit.
On or about Dec. 27, 2021, Haley requested that Watson approve an unpaid leave of absence until the end of the school year, and again said she was applying for LTD benefits, according to the lawsuit.
Watson approved Haley for leave until Jan. 25, 2022 when she was seeing one of her doctors, the lawsuit states.
Haley sent a letter from her doctor to Watson requesting the school approve a leave of absence until June 30, 2022 due to her continued disabled status, her need to see multiple specialists and the possibility of surgery, according to the lawsuit.
Watson approved her unpaid leave request on Feb. 17, 2022 after her FMLA leave had been exhausted for the year, according to the lawsuit.
Allegedly told her position was being permanently filled
The lawsuit states he also informed her that he would be permanently refilling the position, and it wouldn't be available to her when she returned.
According to the lawsuit, "On or about June 15, 2022, fearing further retaliation for being out of work due to a medical condition and knowing that GNBVT and Watson had hired a replacement for her, plaintiff felt that she had no choice and was being forced by GNBVT and Watson to resign her position from GNBVT."
During the 2021-2022 school year, other employees, with fewer years of service than Haley, were approved by "GNBVT and /or Watson" for a one-year sabbatical unpaid leave of absence with job protection upon return, according to the lawsuit.
This article originally appeared on Standard-Times: Greater New Bedford Voke settles lawsuit with employee alleging hostile work environment
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