Noteboom The Law Firm

Bay Pines Once Again Accused of Discrimination

October 1, 2010 - The Department of Veterans Affairs (VA) Medical Center at Bay Pines has had its share of problems over about the last 18 months. Tracy Kendall applied to the Bay Pines VA Medical Center for an engineering technician's job. Bay Pines acknowledges Kendall was qualified for the job. Bay Pines, however, did not hire Kendall. Instead, Bay Pines hired a non-veteran whose son and husband worked in the hiring department. Kendall is claiming he was discriminated against and then fired in retaliation for him saying something in the first place.

Kendall took part in a Bay Pines VA vocational program. The VA spent $65,000 to train Kendall so that he could land this exact type of position. The program works well to help veterans in need good jobs.

This isn't the first time Bay Pines has been in trouble for employment discrimination; they have answered similar charges before. Bay Pines claims the person they hired was more qualified for the position than Kendall and they deny all allegations of discrimination and nepotism. On August 25, 2010 an administrative law judge agreed with Bay Pines.

Kendall had the training, the experience, and the ability to fill that job. Bay Pines agreed. When they didn't hire him, they offered him a housekeeping position instead. Kendall's disability prevented him from performing certain actions, so he filed for accommodations for his disability, and after a series of events, Bay Pines refused the accommodation.

On March 6, 2009 Kendall filed his first employment discrimination complaint. On March 13, 2009 Bay Pines fired him. Bay Pines argues that Kendall was unqualified for his position; Kendall says it is retribution for filing a complaint.

The woman who was hired for the engineering position Kendall was originally applying for was promoted from a housekeeping position, has no college training, and her prior work experience was in an administrative capacity, not a strictly engineering one, according to Kendall's attorney.

Additionally, the woman's application was marked for hiring preference as a disabled veteran even though the woman is not a veteran and claims she has no idea how that box got marked on her job application.