Texas Hospital Sued After Allegedly Failing to Recognize Workplace Accomodation

On Thursday a case was filed in the Eastern District of Texas by a former housekeeper against the Nagodoches Memorial Hospital Corporation. The case is regarding violations of the Family Medical Leave Act and Americans with Disabilities Act regarding her employment.

The plaintiff was employed in the housekeeing department of the hospital from May 19, 2009, until she was terminated on or about March 13, 2020. She claimed that while cleaning a doctors office on March 19, 2020, the plaintiff was injured and tore a muscle in her shoulder. The incident was reported as a workers compensation injury and the plaintiff followed her supervisor’s instructions regarding receiving medical care.

However, the plaintiff states that she received no work accommodation, despite a doctors order for light duty and to restrict use of the injured shoulder. After reporting further pain, the plaintiff returned to the doctors office, who prescribed additional care as well as again ordering light duty and non-use of the arm prior to surgery in January.

After reporting this restriction to supervisor, the supervisor indicated that there was no accommodation that could be made on the job and told the patient to take the time off. After receiving the surgery, plaintiff indicates that she properly reported a return to work date, but prior to that date was terminated.

Plaintiff is suing for violation of FMLA, the ADA, and the Texas Labor Code regarding her injury and termination. Plaintiff is represented by the Hommel Law Firm, PC.