Harris Co. woman alleges deafness led to firing

HOUSTON - A Harris County woman has brought a lawsuit against Quality Christmas Trees Ltd. for allegedly terminating her because she is deaf.

Gabriela Hernandez-Nunez filed the suit against her former employer in the Houston Division of the Southern District of Texas on Aug. 22.

The defendant, doing business as Houston Garden Centers, employed Hernandez-Nunez as a cashier for 11 years "without incident" prior to the events in question.

According to the suit, in September 2011, the plaintiff received a new manager and was allegedly told she "could not keep up with her work because she was deaf."

Hernandez-Nunez was fired three months later, the suit states.

"The company was aware of the plaintiff's deafness and regarded the plaintiff as having an impairment," the original petition alleges.

"Although the plaintiff was qualified to perform her job, the company terminated her employment because of her disability and/or because the company regarded the plaintiff as disabled."

A jury trial is requested.

Attorney Mark Siurek of Warren & Siurek LLP in Houston is representing the complainant.

Case No. 4:13-CV-2458