A cell phone sales woman who suffers from arthritis has filed suit against Cellular One claiming they would not accommodate her disability.
Jessica Bailey Wilcox filed suit on Jan. 28 in the U.S. Court for the Eastern District of Texas, Marshall Division.
Wilcox is suing over treatment at work which she claims was disparate and based on her disability. According to Wilcox, of Lufkin, she has a condition called talon acicular joint arthritis and osteoarthritis which causes pain in her feet and has required numerous surgeries.
Wilcox claims when she was hired at Cellular One, she notified the district manager she would need to sit down while not with a customer to take the pressure off of her feet and this request was allowed.
Wilcox states she was a good employee who always met her sales goals. However, she ran into problems when her store manager would not allow her to sit while she was not with a customer.
Wilcox claims her accommodation was reasonable and the employer was required to recognize it under the Americans with Disabilities Act.
Wilcox alleges she was eventually fired for needing to sit down, which amounts to discrimination based on a disability.
Wilcox seeking an undisclosed amount in damages and is being represented by attorney Scott C. Skelton of Skelton Slusher Barnhill Watkins & Wells PLLC in Lufkin.
The case has been assigned to District Judge Rodney Gilstrap and referred to Magistrate Judge Roy Payne for pretrial proceedings.
U.S. District Court for the Eastern District of Texas, Case No. 2:14-CV-00046
This is a report on a civil lawsuit filed in the U.S. District Court for the Eastern District of Texas. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.