Server claims Red Lobster failed to accommodate disability, files discrimination suit

Michelle Massey, East Texas Bureau Oct. 13, 2010, 10:00am

SHERMAN-A Red Lobster server has filed a discrimination lawsuit against the restaurant alleging it refused to accommodate her disability.

Tina White filed suit against GMRI Inc., doing business as Red Lobster Restaurant on Oct. 5 in the Eastern District of Texas, Sherman Division.

White states she suffered an on-the-job injury in April 2008 after lifting booths for cleaning. She states her symptoms increased from this injury in 2009 causing continuous numbness in her left leg.

In October 2009, she requested time off to receive a series of three injections to alleviate the continuing pain and weakness. A few days later, she requested that she not be scheduled to serve in a section located far from the kitchen because carrying heavy trays for a distance allegedly aggravated her leg numbness and pain.

White states she was not granted this accommodation and instead received a write-up for having a bad attitude.

She states she was subjected to ridicule and derogatory comments from her supervisor and other employees and was eventually terminated from her position in December 2009.

Red Lobster is accused of violating the Americans with Disabilities Act and violating the Texas Labor Code.

The plaintiff is seeking damages for mental anguish, exemplary damages, attorneys' fees, court costs and interest.

White is represented by Sherman attorney Ronald R. Huff. Jury trial is requested.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 4:10-cv-00531

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