A Clark County resident is suing the Washington State Department of Corrections over allegations he was discriminated against because of a hearing disability while working as a corrections officer at Larch Corrections Center.
On Aug. 27, Navigate Law Group filed the suit in Clark County Superior Court on behalf of Todd Atwell, who alleges he was subjected to greater scrutiny from Larch administration, which included a “humiliating ‘hearing test’” and reassignment of job duties due to hearing loss.
According to the suit, Atwell had worked at Larch as a corrections officer since 2013. At the time of his employment, Department of Corrections managers were aware of Atwell’s condition, and he was able to perform his duties while using hearing aids.
Before May 2020, Atwell’s hearing loss did not result in any performance concerns, the suit states. That month, Larch Superintendent JC Miller and Human Resources Manager Daniel Scheetz put Atwell on administrative leave, then forced him to use saved vacation and sick leave until Sept. 4 of that year, the suit alleges.
Miller assumed the role of Larch superintendent on Feb. 1 2020, roughly three months prior to putting Atwell on leave.
Atwell received cochlear implant surgery in June 2020 and by August his medical providers approved his return to regular work duties, the lawsuit stated. When meeting with Miller and Scheetz to present the approval, the lawsuit alleges the two administrators “without warning, and without any medical background or training whatsoever,” performed a “test” of Atwell’s hearing. It was performed over the radio on an open channel which could be heard by staff and inmates at the facility.
Following the test, the lawsuit alleges Scheetz told Atwell in an email he was “not able to communicate safely and effectively” based on their test. After contacting a union representative, Atwell was allowed to continue work in September 2020, but as a COVID-19 screener and not his original position.
Miller and Scheetz ignored a number of requests by Atwell, medical providers and his attorney either to return him to his original duties or to provide reasons for their decision to keep him in his new position, according to the lawsuit. At one point the lawsuit alleges Miller told staff at a meeting to “keep tabs on Officer Atwell’s hearing and document any safety issues.”
Atwell was finally allowed to return to his corrections officer position in March 2021, the suit states.
Atwell is seeking an unspecified amount for emotional distress, humiliation, lost wages and attorney’s fees, a release from Navigate Law Group states.
“Atwell and his medical providers made it abundantly clear that he was fit for duty and his superiors arbitrarily kept him out of his regular bid position and humiliated him with their unqualified hearing ‘test,’ broadcasting the situation to all of Officer Atwell’s colleagues and inmates as well,” Navigate Law Group Attorney Colin McHugh said in a release. “There is no reason why he should have been treated like that.”
Though the Department of Corrections declined to comment on current litigation, they noted “we take all allegations of discrimination seriously and work hard to provide a safe and inclusive work environment,” Rachel Ericson, deputy communications director for the department, said in an email.
