A registered nurse has filed a lawsuit against a major healthcare organization, alleging disability discrimination and wrongful termination. Michelle DiGiacomo lodged the complaint in the United States District Court for the Eastern District of Louisiana on June 6, 2024, accusing Ochsner Clinic Foundation of violating her rights under the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964.
According to the court documents, DiGiacomo, who suffers from tracheal stenosis requiring a permanent tracheostomy, was employed by Ochsner since November 2018. Initially hired as a Licensed Practical Nurse (LPN), she later obtained her Registered Nurse (RN) credential and transitioned to an RN Performance Improvement Coordinator position in August 2021. This role required minimal patient contact, which suited her medical condition that limits her ability to breathe and speak. The plaintiff claims that despite these limitations being well-documented and accommodated initially, her direct supervisor, Holly Spath, began treating her differently due to her disability.
The complaint details several instances where DiGiacomo was allegedly subjected to discriminatory practices. On March 3, 2023, she requested to work from home for a few days following a change in her tracheostomy tube that caused significant discomfort and self-consciousness. While this request was initially approved by Spath, subsequent interactions took a turn for the worse. DiGiacomo recounts how Spath demanded unnecessary medical clearances and forced her to initiate leave procedures through SunLife—Ochsner's third-party administrator for leaves and accommodations—despite no changes in her health status or job performance capabilities.
DiGiacomo asserts that these demands were not imposed on her non-disabled colleagues who were allowed to work from home without such hurdles. Furthermore, she highlights an incident where Spath changed their meeting location at the last minute on DiGiacomo’s final day of work and had security escort her out—a protocol typically reserved for employees being dismissed or laid off.
In response to these actions, DiGiacomo sought assistance from various departments within Ochsner including Human Resources and Diversity, Equity & Inclusion programs but received little support. Her requests for reassignment or transfer were either ignored or denied due to an alleged system-wide freeze on positions at her level since January 2023.
Feeling cornered between physically unsafe working conditions under Spath’s supervision or psychological distress from continued harassment, DiGiacomo resigned effective March 31, 2024. Despite meeting with Ochsner’s COO Gwen Guernsey after submitting her resignation and expressing willingness to continue working under different supervision, no resolution was offered.
DiGiacomo's lawsuit seeks declaratory relief recognizing the discriminatory nature of Ochsner's actions along with monetary damages including back pay, front pay, compensatory damages for emotional distress suffered due to these events. She also requests reinstatement into a similar role under equitable terms without facing further discrimination.
Representing Michelle DiGiacomo is attorney Ronald K. Lospennato from The Law Office of Ronald K. Lospennato based in New Orleans. The case is presided over by Judge Susie Morgan under Case ID: 2:24-cv-01458-SM-EJD.