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Medical Assistant Alleges Discrimination Against Healthcare Employer Under ADA & ADEA

COOK COUNTY RECORD

Thursday, November 21, 2024

Medical Assistant Alleges Discrimination Against Healthcare Employer Under ADA & ADEA

Federal Court
Chicago federal courthouse flamingo from rear

A medical assistant has filed a lawsuit against her former employer, alleging discrimination and retaliation. On October 18, 2024, Deidre A. Ziolkowski filed a complaint in the United States District Court for the Northern District of Illinois against Advocate Health and Hospitals Corporation.

Deidre Ziolkowski's lawsuit is rooted in allegations of discrimination based on disability and age, as well as retaliation for exercising her rights under various federal laws. The complaint outlines violations of the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Family and Medical Leave Act (FMLA). According to Ziolkowski, who began working for Advocate Health as a Medical Assistant and Vaccine For Children Coordinator in April 1998, she was subjected to unfair treatment due to her age—64 years—and physical impairments that required surgeries on her knee and hip. Despite being qualified to perform her job duties with reasonable accommodations, she claims that Advocate Health failed to provide necessary adjustments and instead retaliated against her by filling her position during her medical leave.

The complaint details a series of events beginning in October 2023 when Ziolkowski applied for FMLA leave due to knee surgery. Upon returning with medical restrictions in November 2023, she was assigned desk work but faced inquiries from her manager about her future plans and age-related questions that raised concerns about potential age discrimination. In March 2024, after notifying her manager about an upcoming hip replacement surgery scheduled for May 15, she was informed that the company could no longer accommodate her desk duty restrictions without explanation. Her position was filled while she was on leave without prior notice or attempts at accommodation.

Ziolkowski alleges that despite over two decades of service and meeting performance expectations, Advocate Health engaged in discriminatory practices by not accommodating her disabilities or considering alternative roles within the company. She received multiple rejection letters for positions she applied for after being advised by Human Resources to find another role within the organization. These actions are claimed to be retaliatory responses to her requests for accommodations and use of FMLA leave.

In seeking justice through this lawsuit, Ziolkowski demands back pay with interest, compensatory damages including loss of benefits, punitive damages, attorney fees, costs associated with litigation efforts thus far incurred throughout these proceedings alongside any other relief deemed appropriate by court judgment upon review thereof under applicable law provisions governing such matters accordingly.

Representing Ziolkowski is Chad W. Eisenback from Sulaiman Law Group Ltd., while no specific attorneys are listed for Advocate Health at this stage. The case is identified as Case No: 1:24-cv-10760 before an unnamed judge.

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