Workers at two Texas health care companies are suing, alleging in separate lawsuits that their employers discriminated against them because of health-related issues. One suit claimsand interference, while the other says a worker was fired just before she was scheduled to undergo a costly surgical procedure.
Angela Barboza is suing Guardian Healthcare Holdings of McKinney, claiming the company targeted her in May 2011 for a one-person reduction in force late in her pregnancy, when she was about to go out on. The RIF didn’t last long; Barboza says a woman who was not pregnant (and also not Hispanic) shortly took her job.
In the other lawsuit, Shawna Shuffield is suing Community Portable X-Ray in Plano for firing her because she needed facial reconstruction surgery following a nonwork-related accident.
Shuffield says she told her supervisor on Oct. 27, 2010, that she was planning to have the operation the following week. Two days later, she was fired. Her suit alleges violations of the ADA and the Texas Commission on Human Rights Act.
- Patience, good records key when employee sues
- Collect ample evidence of wrongdoing before firing military vet covered by USERRA
- FMLA leave when a military spouse returns from active duty
- Don't let FMLA trip you up: Have HR investigate leave abuse
- Make sure employee handbook supports compliance with leave laws