HOUSTON — A tax specialist is suing ExxonMobil, alleging disability discrimination and wrongful termination.
Martha Witherwax of Houston filed a complaint May 1 in the Houston Division of the Southern District of Texas against ExxonMobil Corporation, alleging violation of the American with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA).
According to the complaint, Whiterwax was forced to work longer hours, causing additional adverse health consequences and she was terminated from her employment due to absences that should have been filed as workers compensation leave.
Witherwax, who had worked full-time for ExxonMobil since 1995, says her her supervisors deluged her work in order to drive her from the workplace. As a result, the lawsuit states, Witherwax suffered loss of income, benefits and out of pocket expenses.
The plaintiff alleges ExxonMobil failed to provide credible reasons on why Witherwax was terminated, failed to give compensation leave to eligible employees and failed to provide a meaningful dialogue with employees to find the best means of accommodating employees with disabilities, which included a bulging neck disc and headaches from sitting in front of a computer all day.
Whiterwax eeks trial by jury, actual, compensatory, punitive and liquidated damages, pre- and post-judgment interest, attorney fees, court costs and all other equitable relief. She is represented by attorneys Mark J. Oberti and Edwin Sullivan of Oberti Sullivan LLP in Houston.
Houston Division of the Southern District of Texas Case number 4:17-cv-01339