HOUSTON – A local woman claims in a federal lawsuit that she “had no choice” but to quit her employment with Custom Comfort, Inc. because of discrimination based on her disability.
Gina Sherwood filed the suit against the air conditioning repair service on Sept. 24 in the Houston Division of the Southern District of Texas.
Formerly employed by the defendant from Mar. 26, 2015 to Jan. 20, 2017, Sherwood says that the business was made aware she suffered from two forms of arthritis and “tried to get (her) to quit so they would not have to pay her health insurance.”
“Sherwood was hired by Custom Comfort to do clerical office work,” the suit says. “When Custom Comfort wanted her to quit they required her to work on the trucks loading and unloading air conditioners.”
Court papers further assert that when the plaintiff refused to quit, Custom Comfort “decided to make things even more difficult for her” by moving her to a sales position at Costco which required her to stand all day long. Sherwood, however, reportedly succeeded at the position selling more than $1 million in air conditioners.
The original petition alleges that the respondent succeeded in getting Sherwood to leave when it reduced her hours to where she was ineligible for health benefits.
Consequently, the plaintiff 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-3413