The Plaintiffs in the Garrett Case

Patricia Garrett

Patricia Garrett, 54, is a married mother of three adult children, with three grandchildren. She has a Bachelors of Science in Nursing and a Masters in Nursing from the University of Alabama in Birmingham (UAB). She was hired by the university's medical center as a nursing intern in June 1977 and has been continuously employed there since then, working her way up in various positions: full-time Registered Nurse, Staff/Charge Nurse, Acting Head Nurse, Head Nurse and Evening Administrator in several departments. In June 1992, she became Director of OB/GYN/Neonatal Services (Womens' Services), which included managing Cooper Green Hospital's Perinatal Division.

In August 1994, Ms. Garrett was diagnosed with breast cancer. Within a week of her diagnosis, she began treatment. She had a lumpectomy and a lymph node removal, followed by two and a half months of radiation therapy and then chemotherapy through June 1995. During the radiation treatment, she chose to work full-time, believing that if she focused on work and living, she would have a better chance of beating the cancer. She scheduled her radiation in the early mornings and chemotherapy treatments on Friday afternoons in order to disrupt her work schedule as little as possible.

Soon, however, Ms. Garrett's work environment became unfriendly. Even before she started radiation therapy, her supervisor began telling her she looked tired and suggesting she take leave. In January 1995, her position as Director of Womens' Services was listed as "being recruited," leading her peers to believe she was leaving. The "recruitment" was later explained as an "error." Three months later, an off-site subordinate reported being told by Ms. Garrett's supervisor that she and Ms. Garrett were, in effect, going to trade positions, with Ms. Garrett's being placed in the off-site, temporary position. The supervisor confirmed this, saying that now Ms. Garrett could "kick-back, relax, and take it easy until the treatments were over" something Ms. Garrett had expressed no desire to do. Following this conversation with her supervisor, Ms. Garrett was denied access to her computer.

Given the stress caused by these incidents, Ms. Garrett's physician recommended that she take medical leave from March 1, 1995 until the end of her chemotherapy in July 1995 (allowable under UAB policy). Ms. Garrett agreed. Shortly before returning, she met with her supervisor and a woman from the personnel office, who agreed that Ms. Garrett would return to her former position of Director of Womens' Services. The personnel officer noted that Ms. Garrett, who had been considered an exemplary employee, should have the opportunity to succeed in returning to this position. However, a week or two after her return, Ms. Garrett's supervisor told her that she would either have to quit or transfer to another position, although no positions comparable in status or pay existed at the time. Facing termination, Ms. Garrett was forced to apply for a transfer. Ultimately, she was hired as a Nurse Manager at the Mary Lewis Convalescence Home. The position represents a demotion, with a $13,000.00 decrease in salary.

Milton Ash

Milton Ash, 56, has had severe asthma for more than 30 years. He also has obstructive pulmonary disease, sleep apnea and diabetes mellitus. He has been hospitalized several times during the last five years as a result of asthma attacks and regularly has to use a respirator and oxygen mask.

From 1977 until 1981 Mr. Ash took courses in criminal justice and police administration at the University of Alabama. He then worked for the Alabama Department of Corrections at the West Jefferson Correctional Facility and graduated from the State of Alabama Police Academy for Correctional Officers. After working as a part-time resident monitor at another facility, in August 1993 he was hired as a security guard at the Vacca campus of the Alabama Department of Youth Services (DYS). His duties included patrolling the campus, transporting students, breaking up altercations between students, and keeping watch at the gatehouse.

When hired at Vacca, Mr. Ash told his supervisors about his asthma, explaining that he should not be exposed to cigarette smoke or to carbon monoxide or other noxious fumes. Almost immediately, however, he had trouble breathing while driving the campus vehicles because their exhaust systems leaked carbon monoxide into the passenger compartment. Mr. Ash told his supervisors the fumes were affecting his respiratory condition and requested that they have the cars inspected and repaired. His doctor also informed DYS, in November 1993, that Mr. Ash should not be exposed to such fumes.

Mr. Ash also had difficulty breathing in the gatehouse because many employees ignored DYS' policy of allowing smoking only in designated areas. Despite repeated requests by Mr. Ash, his supervisors and the campus superintendent, smoking continued in the cars and the gatehouse.

Throughout 1994 and 1995, Mr. Ash kept telling his supervisors that the exposure to the smoke and fumes exacerbated his respiratory condition. He was hospitalized twice because of difficulty breathing. In November 1995, the campus superintendent suggested that Mr. Ash "just go home and draw disability." Distressed, he wondered if his supervisors just wanted him to go away.

On July 7, 1996, Mr. Ash became extremely ill while driving one of the vehicles leaking carbon monoxide and asked a co-worker to take him to the hospital, where he was admitted. When released, he was told to stay off work until July 14th. On July 12, he filed a Charge of Discrimination with the EEOC, alleging DYS' failure to repair the vehicles and enforce the no-smoking policy.

On September 27, 1996, Mr. Ash received his performance evaluation, conducted not by his supervisor, but by an individual with no direct knowledge of his job performance. No other security officer was evaluated by this individual. He received a "meets standard" rating, compared to his rating of "exceeds standards" prior to filing the EEOC charge. Based on this and other events, Mr. Ash filed another EEOC charge against DYS, alleging retaliation.

On September 3, 1997, Mr. Ash was again admitted to the hospital after suffering a severe asthma attack. His physician once again wrote to DYS, requesting the accommodations of enforcing the no-smoking policy and repairing the vehicles. Nevertheless, although Mr. Ash continues to be employed by DYS, the problems with second-hand smoke and carbon monoxide fumes persist.