A former employee has filed a lawsuit against a local school district, alleging severe discrimination and retaliation based on her disability. Janaye Kynard filed the complaint in the United States District Court for the Northern District of Illinois on September 12, 2024, accusing Waukegan Community Unit School District #60 of violating both the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).
Kynard, who was employed as a College and Career Manager from October 27, 2022, until her termination on June 12, 2024, claims that she faced continuous discrimination due to her severe irritable bowel syndrome (IBS) and diabetes. These conditions are recognized disabilities under the ADA. According to the complaint, Kynard's responsibilities included assisting with college/career readiness resources, collaborating with various stakeholders to develop opportunities for students, planning events, and providing employment and continuing education resources.
Despite receiving satisfactory feedback about her work performance, Kynard alleges that her supervisor Ivonnda Fulton began to retaliate against her after she requested FMLA leave in January 2024 due to her health conditions. Kynard claims that Fulton encouraged her to resign instead of taking leave and expressed discontent whenever she exercised her right to intermittent FMLA leave starting February 1, 2024. "People with cancer don’t take that much time [off]," Fulton allegedly remarked, questioning the seriousness of Kynard's condition.
The complaint details how Kynard’s attempts to seek support from Human Resources were ignored or met with further threats of job loss and reduction in responsibilities. On April 19, 2024, she received an email stating that her contract would not be renewed for the next year. By June 12, 2024, she was officially terminated without any clear justification related to her job performance but rather due to her disability and use of FMLA leave.
Kynard is seeking back pay with interest, compensatory and punitive damages for loss of income and benefits as well as mental anguish caused by this ordeal. She also demands reasonable attorneys’ fees and costs along with any other relief deemed just by the court.
Representing Kynard is Mohammed O. Badwan from Sulaiman Law Group Ltd., while Franczek P.C.'s Emily Tulloch and James A Petrungaro represent Waukegan Community Unit School District #60. The case is presided over by Judge Amrith Kaur Aakre under Case ID: 1:24-cv-08363.