Cashier files disability discrimination lawsuit after losing job due to lifting restriction

SHERMAN - A cashier for the Texoma Medical Center has filed a disability lawsuit claiming that she was terminated from her job due to a medical lifting restriction.

Vivian Peters filed suit against Sodexo Inc. and SDH Services East on April 11 in the Eastern District of Texas, Sherman Division.

Peters was employed by the defendant for over three years at Texoma Medical Center located in Denison. According to the lawsuit, Peters left for approved Family and Medical Leave Act leave in October 2011 due to surgery for repair of a torn rotator cuff. She was granted extension of the FMLA leave to April 30, 2012, and was informed her return to work date was May 1, 2012.

When Peters returned to work, she returned under a 10-15 pounds lifting restriction. Peters’ General Manager informed her that they did not have any positions that could accommodate the restriction and Peters was terminated.

The defendant is accused of age discrimination in violation of the Employment Act, unlawful employment practices, discharge in violation of the Americans with Disabilities Act, and violations of the Family and Medical Leave Act.

The plaintiff is seeking an award of damages for mental anguish, liquidated damages, punitive damages, attorney’s fees, court costs, and interest.

Peters is represented by Sherman attorney Ronald R. Huff. A jury trial is requested.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:13-cv-00213