Man Fired for Age and Disability, He Claims
12-9-2016 03:42:00

  OAKLAND, Calif. (CN) - A man was fired because he was older and has an anxiety disorder, he claims in a complaint filed in Alameda County Superior Court.


Yury Kamenetsky sued Kaiser Foundation Hospitals Inc. and The Permanente Medical Group Inc. for employment, discrimination and wrongful termination.
Kamenetsky is a 59-year-old man who has worked as a Registered Nurse for Kaiser for 23 years. He also worked part-time as a certified nurse midwife on Travis Airforce Base in 2008 and 2009.
On March 31, 2009, he delivered an infant who was diagnosed with Hypoxic Ischemic Encephalopathy.
In June 2015, the Board of Registered Nursing of the Department of Consumer Affairs, placed Kamenetsky on a three-year probation and required a moderate level of supervision approved by the board.
Kamenetsky then informed Kaiser of the order. "Without any explanation, defendants placed plaintiff on an unpaid leave of absence - contrary to and in violation of the terms of the Collective Bargaining Agreement (CBA) between defendants and the California Nurses Association, a nurses' union of which plaintiff was a member," according to the complaint.
After being placed on leave, Kamenetsky was treated for stress and anxiety and his doctor placed him on disability. When he presented the doctor's note to his supervisor, "Defendants refused to authorize CFRA leave," the complaint stated.
While Kamenetsky was on disability, Kaiser told him he was fired. "The only reason given for the termination was that defendants were not able to accommodate the conditions of probation imposed on plaintiff by the board for plaintiff's continued employment with defendants," according to the complaint.
Kamenetsky believes he was fired because of his age and disability. He seeks compensatory damages and money judgement for mental pain. 
Kamenetsky is represented by Joong Im of San Francisco.
RG16-838108