SE Texas Record

Friday, December 6, 2019

Former Harris Health instructor alleges denial of FLMA, disability discrimination

Lawsuits

By Marian Johns | Dec 2, 2019

Lawlibrary

HOUSTON — A former Harris Health System instructor alleges he was discriminated against because of his disability, including being denied Family Medical Leave (FLMA).

Keith Perry filed a complaint  Nov. 18 in the Houston Division of the Southern District of Texas against Harris Health System and Rondell Bailey, alleging violation of the FLMA and Americans with Disabilities Act (ADA).

According to the complaint, Perry worked for Harris Health as an education instructor III and he was entitled to 12 "work weeks" of leave from May 2018 through May 2019 due to his spinal disk fusion and leg and foot "radiculopathy with pain" and right eye vision loss. Perry alleges he originally was denied FLMA. The suit states he was granted leave for June 2017 through September 2017, but when he returned to work he faced retaliation.

The lawsuit states the retaliation included receiving "rude and inappropriate emails" from his supervisor, poor performance reviews, being denied the chance to be interviewed for other jobs within the Harris Health and denial of paid time off. 

Perry seeks monetary relief, trial by jury, back pay, front pay, interest, court costs, attorney fees and all other appropriate relief. He is represented by attonrey J. Mark Smith of Mark Smith Law PLLC in Houston. 

Houston Division of the Southern District of Texas case number 4:19-CV-04519

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Houston Division of the Southern District of Texas

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