Nicole Burgess has taken legal action against her former employer, alleging discrimination and retaliation in a case that highlights significant workplace rights issues. Filed on December 17, 2024, in the United States District Court for the Northern District of Illinois, the complaint accuses Sinai Health System, operating as Mount Sinai Hospital, of violating the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).
According to the complaint, Nicole Burgess began working for Sinai Health System as a credential coordinator on October 19, 2022. She suffers from physical impairments including a herniated disc and nerve damage which substantially limit her major life activities. Despite these challenges, she was qualified to perform her job duties with reasonable accommodations. The lawsuit claims that after informing her employer about her disabilities and securing approval for FMLA benefits to manage them, Burgess faced revocation of these benefits by Human Resources lead Pat Dorsch. This revocation allegedly led to significant hardship and distress for Burgess.
The complaint further details that after reapplying for FMLA benefits in July 2024, Burgess was granted limited workweeks during disability flare-ups but soon experienced discrimination and harassment from her supervisors. Her performance evaluations were reportedly marred by negative focus on her FMLA leave rather than actual work performance. Additionally, she faced unjust criticism from directors following FMLA leave usage.
Burgess contends that this hostile environment culminated in wrongful accusations during a yearly review meeting on August 14, 2024, leading to an unjust Performance Improvement Plan (PIP). Further retaliatory actions included reduced paychecks accounting for time off under FMLA leave. On September 17, 2024, she was informed of an impending grievance against her due to FMLA usage despite existing approvals.
The lawsuit alleges that this pattern of discrimination and retaliation created unbearable mental anguish for Burgess. It asserts that such treatment was not extended to similarly situated non-disabled employees and culminated in constructive discharge due to mounting distress on September 20, 2024.
Burgess seeks various forms of relief from the court including back pay with interest, front pay, loss of benefits compensation along with compensatory and punitive damages. She also requests coverage of reasonable attorney fees and any other relief deemed just by the court.
Representing Nicole Burgess are attorneys Nathan C. Volheim and Mally L. Slone from Sulaiman Law Group Ltd., while no defense counsel is listed in the document provided. The case is presided over by judges at the Northern District of Illinois under Case ID: 1:24-cv-12951.