BY B.G. GREGG
The Cincinnati Enquirer
Hamilton County must pay a former county building inspector more than $318,000 for discriminating against him and firing him because he suffers from depression.
A U.S. District Court jury awarded Thomas Stephenson of West Chester $75,000 in compensatory damages and $243,228 in future damages in his lawsuit against the county. His attorneys, Teresa Cunningham and Raul Tellez, can now submit a request to U.S. District Judge Susan J. Dlott for back pay and attorney's fees.
Mr. Stephenson filed the lawsuit in 1995, alleging he was harassed and fired in June of that year and that the actions violated the Americans with Disabilities Act.
The county had contended he was fired for threatening a supervisor and not obeying office policies. The state's Personnel Board of Review backed up the county's decision, as did a magistrate with the Hamilton County Common Pleas Court.
Mr. Stephenson was hired in 1976 and diagnosed with depression in 1986. His doctor put him on medication that caused him to oversleep, and he was often late for work.
His supervisors allowed him to show up late, but docked him for the time and would not allow him to make it up at lunch or before or after normal working hours. This increased his stress and workload, and the county did nothing to alleviate it, despite Mr. Stephenson's physician requesting help on his behalf.
The jury also found that one of Mr. Stephenson's supervisors harassed him over his disability.
The county lost two lawsuits, one for $800,000, in 1996 for violating the Americans with Disabilities Act.
"Our managers have had specific training on how to handle these types of situations," said County Administrator David Krings. "Is the county aware of the requirements of the ADA? Yes, it is. Is it following the requirements of the ADA? Yes, it is."
