Former Holding Center nurse loses appeal over firing

Nov. 12—A former nurse at the Erie County Holding Center lost her federal court appeal Friday over her firing in 2016.

Colleen Dolac, who was on leave to care for her sick husband at the time of her termination, claimed age and disability discrimination were at the heart of her firing. She also claimed she was mentally unable to work because of stress and depression. Her firing garnered headlines because her husband was undergoing treatment for life-threatening esophageal cancer. He died in 2016.

The county has said from the beginning she was fired for abusing sick time.

In a decision Friday, the 2nd U.S. Circuit Court of Appeals backed a ruling from U.S. District Judge John L. Sinatra Jr., who dismissed her lawsuit filed in Buffalo federal court and denied her request to file an amended complaint.

Her proposed amended complaint did not allege that she had a disability, that she identified a disability to the Sheriff's Office, or sought an accommodation, the panel of three appellate judges said.

While Dolac submitted to the Sheriff's Office three faxed notes from a nurse practitioner stating a disability, it appears she refused to communicate further with her employer before her firing, according to the ruling.

"In her briefing, Dolac argues that she was suffering from extreme stress and therefore could not communicate with her employer," according to the ruling. "But she cites to no cases that support her proposition that she did not have to communicate with her employer."

Sinatra, in his May 2020 ruling, said he was "unaware of any case law in which a person may be considered disabled under the Americans with Disabilities Act because of a relative's illness or providing care for a relative."

The appellate court also sided with Sinatra on the age discrimination claim.

"Much of Dolac's briefing explains that she would like the chance to replead so she can more clearly state the ages of the younger nurses who allegedly replaced the older nurses," according to the appellate ruling. "Such allegations fail to cure the fatal defect in her pleading: the lack of any allegation that she was fired because of her age."

County officials, at the time of her firing, denied any link between Dolac's termination and her care for her husband. They also said Dolac never provided medical evidence of her disability.

Her termination letter accused her of insubordination; failure to report to work without authorization for an extension after expiration of approved sick leave; failure to follow procedures for reporting sick; neglect of job duties; and failure to follow job instructions or directions.

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