HOUSTON - A Katy rehabilitation and assisted living facility appears to have resolved claims it fired a nurse over her sleep disorder.
The docket in the Equal Employment Opportunity Commission's lawsuit against VibraLife of Katy shows the two sides have reached an agreement, though details are not yet on file with the U.S. District Court for the Southern District of Texas.
The settlement terms should become known sometime in November, as the notice says they expect to dismiss the case within 30 days from Oct. 21.
The EEOC sued VibraLife on Aug. 1 over the employment of Kara Burgess, a nurse practitioner suffering from a sleep disorder called Circadian Rhythm Disorder.
In August 2022, she applied for a night-shift position that would require her to work three 12-hour shifts every week. Burgess told VibraLife her condition causes day/night reversal and was hired, but Burgess said she was unaware at the time that every other week she'd be assigned a fourth 12-hour shift.
She disclosed her concerns about a fourth shift to the director of nursing and submitted a note requesting her schedule be limited to the three-shifts-per-week terms in the job posting.
"The Director of Nursing declined to engage in the interactive process or otherwise provide Burgess with a reasonable accommodation," the suit says.
"On Sept. 23, 2022, Burgess slid another written note along with an article discussing how schedule modifications could be considered a reasonable accommodation under the (Americans with Disabilities Act) under the Assistant Director of Nursing and Director of Nursing’s door.
"On Sept. 25, 2022, the Director of Nursing sent a text message to Burgess stating she didn’t think the job was a good fit for her due to Burgess’s health concerns."
VibraLife recommended Burgess changing to part-time status, and Burgess rejected. The director of nursing said the work schedule was "mandatory."
Human Relations was told Sept. 29, 2022, Burgess would be a part-time employee because of "a few health issues." Burgess' pay went from $41 an hour to $37.
By Nov. 13, 2022, Burgess was fired. She says she was discriminated and retaliated against because of her disability.
“The ADA requires employers to accommodate employee disabilities and prohibits them from firing people because of those conditions. This lawsuit demonstrates that employees have the right to exercise their right to request reasonable accommodation under the ADA and should not be treated adversely when they do,” EEOC attorney and plaintiff counsel Neil Joseph Unruh said.
The lawsuit seeks:
-An injunction preventing VibraLife from engaging in disability discrimination and retaliation;
-An order for Vibralife to insitute and carry out policies to provide equal employment opportunities;
-Backpay, front pay, the value of lost insurance benefits and job-search expenses;
-Compensation for emotional pain and suffering;
-VibraLife placing Burgess in a comparable position to the one she held; and
-Punitive damages.