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Former Employee Alleges Northwestern Memorial Hospital Violated Disability Laws

COOK COUNTY RECORD

Thursday, February 20, 2025

Former Employee Alleges Northwestern Memorial Hospital Violated Disability Laws

Federal Court
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U.S. District Court for the Western District of Pennsylvania | Official website

A legal battle is unfolding as a former employee accuses a major hospital of violating federal and state laws regarding disability discrimination. On February 6, 2025, Northwestern Memorial Hospital filed a notice of removal in the United States District Court for the Northern District of Illinois, seeking to move the case initiated by Nyla Franklin from state court to federal court. The case, originally filed on January 13, 2025, in the Circuit Court of Cook County, alleges that Northwestern Memorial Hospital discriminated and retaliated against Franklin based on her disability.

The plaintiff, Nyla Franklin, claims that her former employer, Northwestern Memorial Hospital, violated the Americans with Disabilities Act (ADA) and the Illinois Human Rights Act by discriminating against her due to her alleged disability. In addition to these allegations, Franklin asserts a claim under Illinois common law for retaliatory discharge. These accusations are detailed in paragraphs 27 through 55 of the complaint. The hospital has not yet been served with a summons or a copy of the complaint but has expressed willingness to waive service in accordance with Rule 4(d).

Franklin's lawsuit centers around allegations that Northwestern Memorial Hospital engaged in discriminatory practices that ultimately led to her wrongful termination. She argues that these actions are not only violations of federal law under the ADA but also breach state laws designed to protect individuals from discrimination based on disabilities. The plaintiff seeks relief from the court in terms of damages and any other remedies deemed appropriate under both federal and state laws.

In response to these allegations, Northwestern Memorial Hospital has taken steps to transfer the case from state court to federal jurisdiction. This move is based on their assertion that since Franklin's claims involve violations of federal law—the ADA—the case falls under "federal question" jurisdiction as per 28 U.S.C. § 1331. Additionally, they argue for supplemental jurisdiction over related state law claims pursuant to 28 U.S.C. § 1367 because they arise from the same set of facts.

The defendant's legal team comprises attorneys David Weldon and Charity Seaborn from Barnes & Thornburg LLP in Chicago. They have filed this notice timely before being formally served with the complaint and maintain all defenses available while not admitting any allegations made by Franklin. The filing indicates their intent to contest any challenges regarding the propriety of removing this action from state court.

As this legal matter progresses through its initial stages within federal jurisdictional boundaries now sought by Northwestern Memorial Hospital’s defense counsel—Robert Thomas representing M20 Law Group PLLC remains steadfastly advocating on behalf of his client Nyla Franklin’s interests against what she perceives as unjust treatment at her former workplace. The Case ID is: 125-cv-01306.

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