A former employee has filed a lawsuit against her previous employer, alleging multiple violations of the Americans with Disabilities Act (ADA). Brianna Jackson lodged the complaint in the United States District Court for the Northern District of Illinois on September 17, 2024, accusing New Choice Intervention, Inc. of discrimination based on her disability, failure to accommodate her disability, harassment, and retaliation.
Jackson's case centers around her employment as a therapist/case manager at New Choice Intervention, Inc., starting from July 8, 2024. She disclosed her disabilities— asthma and migraines—during the application and interview process. Despite this disclosure, she was hired but soon faced issues when she needed time off for medical reasons. On July 22, 2024, Jackson experienced severe chest pain and breathing difficulties due to a sinus infection exacerbated by her asthma. She promptly informed her employer and provided doctor's notes as required by company policy.
However, when Jackson returned to work on July 29 after another doctor's visit on July 24, she was met with disapproval from Dr. Tunde Ali, President of New Choice Intervention. Dr. Ali expressed doubt about Jackson's ability to perform her job due to her health issues. "It seems like you need someone to take care of you instead of you taking care of our clients," he reportedly said.
The situation escalated when Jackson had another asthma flare-up on July 30 and had to leave work early to go to the emergency room. She emailed Dr. Ali explaining her condition and requesting a couple of additional days off as a reasonable accommodation under the ADA. Dr. Ali responded dismissively, stating that other employees with medical problems did not "grumble" or "misinterpret empathetic counsel." He also pointed out that Jackson had only worked five days since her start date.
Despite reiterating her request for reasonable accommodation and clarifying that she had not initially requested time off during the week of July 8, Jackson was terminated on July 31, just one day after complaining about disability discrimination and requesting accommodation.
Jackson alleges that New Choice Intervention failed to engage in an interactive process to determine appropriate accommodations as required by the ADA. She claims that her termination was based on unlawful discrimination due to her disability and retaliation for engaging in protected activity under the ADA.
In addition to seeking back pay with interest, front pay, loss of benefits, compensatory and punitive damages, Jackson is also asking for reasonable attorneys' fees and costs.
The case is being handled by Chad W. Eisenback from Sulaiman Law Group Ltd., while Judge Amrith Kaur Aakre is overseeing it under Case ID: 1:24-cv-08517.