On Wednesday a case was filed in the Eastern District of Michigan Southern Divisio by a former employee against Spectrum Health System and its subsidiary Priority Health. The plaintiff is suing for discrimination and constructive termination under the ADA.
The plaintiff was employed with the defendants as a Senior Provider employment specialist. The plaintiff had high performance scores during her employment. According to the complaint, in “the later course of her employment, Plaintiff was disabled in accordance with ADA guidelines, but she was able to perform her functions with reasonable accomodations.”
The complaint said the plaintiff requested to work from home in 2019; these accommodations had been granted to several non-disabled colleagues, but the employer rejected it for the plaintiff and required the plaintiff to continue to work in office at least part time.
The plaintiff also sought promotion to a director position, which would also have the benefit of working full time from home and was told specifically that she could not be promoted due to her condition. Finally, the plaintiff said they received retaliatory actions from employees of the defendant after the failed request for promotion, which the plaintiff attributes to the defendant making her colleagues aware of the improper reason for the denial.
The plaintiff is suing for Persons with Disabilities Civil Rights Act discrimination under Michigan state law as well as violations of the ADA. The plaintiff is represented by the firm of Nemes Rooney.
