Friday, September 20, 2013

$375,000 Settlement: Pharmacy tech sues hospital for FLMA, ADA

She seeks relief from pain of standing due to lupus, is fired after seeking leave

Plaintiff worked as a pharmacy technician at defendant. She had been employed by the hospital for 24 years, and received good evaluations during her career there.

Because she had lupus, in 2011 took intermittent leave under the Family and Medical Leave Act. On July 14, 2011, She was required to work a particularly lengthy period of time standing up, causing her to suffer leg pain because of her lupus.

She informed her supervisor of needing relief from the constant standing and that, if not afforded relief, would take time off under FLMA. When her request was refused, She sought to take FLMA time, but was then discharged.

Type of action: FMLA and ADA violations

Type of injuries: Wage loss, emotional distress

Court/Case no./Date: U.S. District Court, Eastern District of Michigan; 12-CV-13704; Aug. 21, 2013

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