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SOUTHEAST TEXAS RECORD

Friday, April 26, 2024

Woman alleges Benevis LLC terminated her because of physical limitations

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MARSHALL – A Gregg County woman alleges she lost her job as a dental assistant because of her permanent physical impairments.

Mary Roberts filed a complaint on Oct. 10 in the Marshall Division of the Eastern District of Texas against Benevis LLC, doing business as Kool Smiles PC, alleging that the former employer violated Title VII of the Civil Rights Act and the Americans with Disabilities Act.

According to the complaint, the plaintiff was employed by the defendant as a chair side dental assistant. The suit states she tripped and fell at work twice in 2014, in January 2015 she missed four months from work due to a heart attack, and in December 2016, she was unable to work because of a back injury caused by her previous injuries.

She alleges that due to her physical impairment and limitations, she was terminated from her employment by the defendant. 

The plaintiff holds Benevis LLC responsible because the defendant allegedly failed to make reasonable accommodation; discriminated against her with respect to terms, conditions, or privileges of employment; and retaliated against her because she had previously filed workers' compensation claims.

The plaintiff requests a trial by jury and seeks back pay, front pay, compensatory and pecuniary damages, attorney fees, costs and expenses and such other just and proper relief. She is represented by William S. Hommel Jr. of Hommel Law Firm in Tyler.

Marshall Division of the Eastern District of Texas case number 2:17-cv-00690

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