Two health care providers in Tyler will pay $30,000 and change their policies in order to settle a disability discrimination lawsuit.

The U.S. Equal Employment Opportunity Commission, which brought the suit in U.S. District Court for the Eastern District of Texas, announced the settlement Tuesday.

Messages left for the companies were not immediately returned.

The case, filed July 10, argued that Pulmonary Specialists of Tyler and Sleep Health required employees to fill out a medical questionnaire that violated the Americans With Disabilities Act.

The questionnaire asked if workers had any of 20 medical conditions, whether the employee had an impairment or disability, whether the employee had previous surgery, and whether the person had a permanent disability, the lawsuit said.

Angela Abler, of Whitehouse, filed a charge with the employment commission alleging discrimination, the lawsuit said. The employment commission then unsuccessfully sought to engage the company in mediation before filing the lawsuit, the lawsuit said.

The company filed a motion to dismiss the lawsuit, arguing that the commission lacked sufficient evidence, and that Abler was terminated because of her inability to understand or perform her job responsibilities. The parties entered a settlement on April 5, and U.S. District Judge Robert W. Schroeder approved it Monday.

“(Pulmonary Specialists of Tyler) and Sleep Health’s requirements for unnecessarily broad disclosure of this information was by itself a violation of the ADA,” Suzanne Anderson, an attorney for the employment commission, wrote in a news release. “Terminating Ms. Abler’s employment based upon her answers to the unlawful questionnaire just made matters worse with yet another violation.”

Under the settlement, the providers will pay Abler $4,000 in back pay and $26,000 in damages, the settlement says. They will stop using the questionnaire, and, within 60 days, the providers will implement a new anti-discrimination policy.

The settlement remains in effect for three years, during which time Sleep Health will conduct annual training for hiring officials on the Americans With Disabilities Act, and Pulmonary Specialists of Tyler will implement one hour of training for officers and any personnel involved in human resources functions.

Additionally, for three years, the companies will post a notice to employees with a description of their rights under the Americans With Disabilities Act. The court will be able to enforce the settlement during the time period.

“It can be a good thing to see businesses in the health care industry set an example for others when it comes to the ADA,” Robert Canino, another EEOC attorney, said in a news release. “This constructive settlement is a good result for everyone involved.”

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