HOUSTON – A Katy woman alleges a sporting goods retailer fired her because of her medical condition.
In a lawsuit filed against Academy on July 6 in the Houston Division of the Southern District of Texas, Carolyn Robertson claims the store discriminated against her for suffering from lymphangioleiomyomatosis, a rare lung disease in which the muscle cells that line the lungs' airways and blood vessels begin to multiply abnormally.
The suit says Academy knew about Robertson’s condition and the plaintiff continued to work in spite of the symptoms. Robertson, whom the defendant hired on Mar. 17, 2014, reportedly put together a positive performance record.
According to the original petition, on Nov. 1, 2016, the plaintiff provided Academy with a doctor’s note altering her schedule due to her illness.
“Robertson’s doctor determined she needed to schedule doctor’s visits every couple of days for two months – and possibly longer,” the suit says. “These visits would only be a couple of hours and Robertson still planned to come to work every day.”
Academy’s supervisors purportedly were not happy that Robertson would have to miss work due to her doctor’s appointments.
The complaint further explains that the plaintiff’s physician required her to steer clear of dust, adding she unsuccessfully requested to be transferred to a dust-free workspace.
“Robertson did not ask for her own office,” court documents state. “She just asked to share an office that several employees already shared and had space for her.”
On Nov. 9, 2016, Academy fired the plaintiff for supposedly making an inappropriate remark, to which the suit asserts was a form of retaliation.
Consequently, Robertson seeks unspecified monetary damages and a jury trial.
She is represented by Daniel R. Dutko of the law firm Hanszen Laporte, LLP in Houston.
Houston Division of the Southern District of Texas Case No. 4:18-CV-2323