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Allegations that Ivy Tech State College in Warsaw violated the Americans with Disabilities Act have resulted in a civil lawsuit.
The case was filed recently in Kosciusko Circuit Court by attorneys for Della Swain, personal representative of the estate of Kenneth E. Swain.
Back pay and benefits, compensatory damages, court costs, interest and attorney fees are being sought.
The lawsuit claims that Kenneth Swain was discriminated against for employment because of his health. He suffered from diabetes, diabetic neuropathy, rheumatoid arthritis and heart disease. He died Jan. 17.
According to court documents, Swain was employed at Ivy Tech since 1981. He began as a full-time adjunct faculty and, in 1989, became a full-time instructor, working as a computer science teacher and as student adviser/program coordinator of the computer science department.
Because of problems with his diabetes, Swain took a temporary leave of absence in February 1995 and, when he prepared to return to work that July, was told the position was no longer available and he was placed on extended leave. He was told he would be kept apprised of openings and did interview for two positions, but eventually the notices stopped coming.
Swain was turned down for a job as student advocate because the school was apparently seeking a candidate with a master's degree, which he did not have. In February 1996, he interviewed for the position of administrative assistant and, according to court documents, was told by Dr. Steven Grill, site director of Ivy Tech, that he would not get the job because the school was concerned about his health.
A complaint regarding the matter was filed with the Equal Employment Opportunites Commission in March 1996. It claimed a charge of discrimination. The lawsuit indicates that Swain "was qualified to perform the essential job functions of positions available at Ivy Tech with or without a reasonable accomodation" and that since July 1995, "Ivy Tech has continued to hire nondisabled individuals for positions for which Swain was qualified," but refused to hire him.
As a result, it is claimed that Swain was damaged in that despite numerous efforts, he was unable to obtain substantially equivalent employment and that he suffered lost income, fringe benefits, mental anguish, emotional distress, embarrassment and humiliation.
A jury trial is being sought. Attorneys for the plaintiff are John C. Theisen and Holly A Brady of Gallucci, Hopkins & Theisen, P.C.
