On Friday a case was filed in Maryland federal court by a former employee against health giant Kaiser Permanente. The case is regarding Family Medical Leave Act (FMLA) and workers’ compensation retaliation and discrimination.
The complaint said that the plaintiff suffered two workers’ compensation-related accidents while employed by Kaiser Permanente as an Ultrasound Technician. As a result of these injuries, the plaintiff had continuing care in the form of physical therapy and acupuncture, for which the plaintiff used FMLA leave in order to attend the appointments. The plaintiff also required a workplace accommodation due to an machine with poor ergonomics, which the defendants replaced with a machine that would accommodate the plaintiff’s condition.
The plaintiff, however, noted that while she was legitimately using FMLA to cover these appointments, that she was constantly criticized by supervisors for absenteeism, and that she was subject to more intensive supervision and received unwarranted corrective actions and suspensions under pretextual poor performance. Upon complaining of this course of action, the plaintiff was placed on administrative leave and later terminated.
The plaintiff is suing for disability discrimination, unlawful retaliation, and hostile work environment. The plaintiff is represented by the Tucker Moore Group, LLP.
