LAKE CHARLES - Sean C. Smith filed a federal lawsuit on Jan. 27 in the Western District of Louisiana against the City of Sulphur for prohibited medical inquiry, discrimination in employment and retaliation.
According to the lawsuit, Smith began employment on Dec. 1, 2013, with the City of Sulphur Police Department. On July 4, 2020, Smith began exhibiting signs of COVID-19, but did not obtain a test and told Defendant that he had come into contact with someone who had COVID-19 so had to quarantine before returning to work.
On July 20, 2020, Smith contacted HR to inform it he had been symptom-free for at least three days. HR informed Smith that he would have to submit a negative COVID-19 serology test to return to work. Smith refused the test, but HR scheduled an appointment for Smith at the Prime Occupational Medicine Clinic anyway, the suit says.
Smith contacted HR again to refuse the test and was allegedly given two options of taking the test at the clinic of obtaining a test at his own expense.
Smith claims that any request by the City that Smith obtains a negative COVID-19 test at his own expense is a direct violation of La. R.S. 23:897, which deems it illegal for an employer to require any employee to pay the cost of a medical examination required by the employer as a condition of employment, the suit says.
On July 23, 2020, and because Defendant was forcing him to choose between submitting to an illegal medical examination under the ADA or be placed on an indefinite, unpaid leave of absence, Smith submitted a resignation letter, the suit says.
Smith is represented by James E. Sudduth, III of Lake Charles, LA.
Western District Court of Louisiana case number 2:22-cv-00244-TAD-KK