Wheat v. Rush Medical Foundation

U.S.D.C., Southern District of Mississippi, Northern Division

Cause No. 3:13-cv-00984-HSO-RHW

On Friday, August 15, 2014, a jury in the United States District Court in Jackson, Mississippi, returned a verdict in favor of Plaintiff Johnny Wheat, Jr. in the above-referenced matter. Mr. Wheat was awarded $35,000.00 in damages for emotional distress.

The jury found that Rush Foundation Hospital in Meridian illegally retaliated against Wheat, a registered nurse, because he filed a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC). Wheat complained to the EEOC that loud music played in the orthopedic surgery operating room interfered with his ability to hear, due to his bilateral hearing loss. After Wheat filed his EEOC charge, he was transferred out of surgery and given a reduction in pay. Wheat then resigned his employment with Rush Foundation Hospital and accepted a job at a hospital in Jackson, where he earns approximately twice as much as he was making when he last worked at Rush Foundation Hospital in Meridian.

Attorneys for Plaintiff were Jim Waide and Rachel Pierce Waide of Waide & Associates, P.A. Attorneys for Defendant were W. Thomas Siler, Jr. and Krissy Casey Nobile of Phelps Dunbar LLP. U.S. District Judge Halil Suleyman (Sul) Ozerden presided over the trial.