West Virginia Record

Monday, January 20, 2020

Nurse alleges Trinity did not hire her because of medications she takes to treat disability

State Court

By Carrie Bradon | Jul 12, 2019

Medical malpractice 05

LOGAN – A Mingo County registered nurse alleges she was not hired for a position because of prescription drugs she takes to treat depression.

Billie Whitt filed a complaint in Logan Circuit Court against Trinity Healthcare Services of Logan Inc. and Trinity Healthcare Services of Mingo Inc. alleging violation of the West Virginia Human Rights Act and other counts

The suit states that the plaintiff applied for a job opening for a registered nurse with the defendants on June 22, 2017. After applying, the suit states the plaintiff was interviewed by the defendants' staff, and one staff member said that the plaintiff looked like someone who had been employed by them before and had "passed out on Ambien." The plaintiff denied the allegations and submitted to a drug screening at the defendants' request.

The plaintiff alleges the drug screening tested for Xanax and an antipsychotic drug that were prescribed to her by her physician. She alleges the defendants refused to hire her because of the medication she was taking to treat a qualified disability. The suit states she filed a complaint with the West Virginia Human Rights Commission, which found probable cause to pursue the matter.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Nathan D. Brown and Joshua S. Ferrell of Ferrell & Brown PLLC in Williamson.

The case has been assigned to Judge Eric O'Briant.

Logan County Circuit Court case number 19-C-65

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