Flight attendant sues after migraine results in firing

HOUSTON - Spring resident Racquel Martin has filed suit against ExpressJet Airlines, Inc. after it reportedly fired her for sleeping on the job, recent court documents say.

Martin's lawsuit, filed Sept. 10 in Houston federal court, alleges the airline terminated her as a flight attendant last year for exhibiting a symptom associated with migraine headaches.

ExpressJet hired the plaintiff on May 18, 2007.

She says she had Family Medical Leave Act paperwork on file with the respondent because of her disability.

The suit explains that Martin contacted ExpressJet on Nov. 24, 2011, to inform it that she needed to drop a flight the next day because of her illness, however, the respondent denied her request because "they were short and that she had to report and work."

Martin shows the airline knew she was sick, stating she was put to work nonetheless.

According to the complainant, she worked the first flight of the day "but became even more ill because of her migraine."

Her condition "quickly worsened" on the second flight as "her vision became blurry and she felt as if she was going to pass out," the suit says.

"She had no option but to sit in the nearest seat and close her eyes or pass out."

ExpressJet dismissed Martin on Dec. 2, 2011, "for allegedly giving the appearance of sleeping on the aircraft" though she insists "the defendant was aware that (she) was not sleeping but ill because of her disability."

Consequently, the plaintiff seeks unspecified monetary damages and a jury trial.

Attorney Gay E. Wilson with the Law Offices of Gay E. Wilson in Corpus Christi is representing Martin.

Case No. 4:12-cv-2707