Migraine sufferer claims she was terminated for requesting medical leave
SHERMAN - A woman suffering from chronic migraines has filed a lawsuit alleging she was terminated from her position because she applied for medical leave.
Claiming violations of the Family Medical Leave Act and the Americans with Disabilities Act, Angela Smith filed suit against RealPage Inc. on June 6 in the Eastern District of Texas, Sherman Division.
Smith was hired by RealPage, a property management software company, as a solution consultant in April 2011. She states that she was terminated in May 2012 after she requested a reasonable accommodation and intermittent FMLA to treat her serious health condition of chronic migraine headaches.
Smith claims that she was denied the ability to work from home despite company policy allowing for telecommuting and flexible schedules. She alleges those accommodations were given to similarly situated non-African American, non-disabled and non-FMLA exercising employees.
The plaintiff is seeking an award of damages for mental and physical pain and anguish, lost income and benefits, diminished earning capacity, liquidated and punitive damages, loss of reputation and job opportunities, out of pocket expenses, court costs, attorney's fees and interest.
Smith is represented by Allen attorney Dan A. Atkerson. A jury trial is requested.
U.S. District Judge Ron Clark is assigned to the case.
Case No. 4:12-cv-00337