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  • Scott Adams
    Scott Adams

    Woman With Celiac Disease Files Disability Discrimination Lawsuit Against Former Employer

    Reviewed and edited by a celiac disease expert.

    This lawsuit emphasizes the ongoing challenges faced by employees with chronic health conditions in maintaining their rights under the ADA and FMLA.

    Celiac.com 11/05/2024 - A new lawsuit has been filed in the United States District Court for the Eastern District of Pennsylvania, where a former employee is accusing her previous employer of discrimination and wrongful termination. Lauren Boyd, the plaintiff, claims that her former employer, Cigna Healthcare, violated both the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Boyd's complaint outlines a series of events she believes led to her unjust dismissal from the company, centering around her chronic health conditions and her request for reasonable accommodations.

    The Timeline of Employment and Health Struggles

    According to court documents, Lauren Boyd began her employment at Cigna Healthcare on August 16, 2021, working as a customer service advocate. During her time with the company, Boyd suffered from chronic health issues, including celiac disease, irritable bowel syndrome (IBS), and anemia. These conditions, she alleges, were well-documented and known by her employer.

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    Complicating her medical situation, Boyd also sustained injuries from an incident at Walmart on July 29, 2022, further exacerbating her health challenges. These injuries, coupled with her chronic illnesses, led her to require more time off work for treatment and recovery. She regularly used approved unpaid leave and ADA accommodation days when she experienced health flare-ups, particularly after incidents of gluten contamination, which worsened her condition.

    August 2023: A Turning Point in Health and Employment

    The most significant period of contention in Boyd's lawsuit took place in August and September of 2023. In August, she experienced a gluten contamination episode that triggered severe symptoms, leaving her immune system compromised. As a result, she developed an upper respiratory infection and later contracted COVID-19. Despite her deteriorating health, Boyd continued to manage her condition with approved unpaid leave and ADA days between August 11 and September 6, 2023.

    In her complaint, Boyd states that her health issues were compounded by Cigna's refusal to approve a medical treatment she required due to low iron levels caused by her chronic conditions. Boyd was prescribed a single-infusion iron drug, but Cigna denied her request for this specific treatment, offering a five-infusion alternative instead. This suggestion, Boyd argues, was unreasonable, given her challenging work schedule of four-day, ten-hour shifts. She found it nearly impossible to arrange the frequent medical appointments required for the alternative treatment without taking even more time off from work.

    The Application for Short-Term Disability and Termination

    As Boyd’s health issues persisted, she applied for short-term disability (STD) in early September 2023. Her request for STD was made in addition to her ongoing use of FMLA leave, as she needed extended time off to recover. However, on September 13, 2023, Cigna terminated Boyd’s employment, citing attendance issues as the reason for her dismissal.

    Boyd contends that her termination came at an unjust time, as her FMLA/STD applications were still pending. She also highlights that Cigna’s workforce management had previously approved her unpaid time off. According to Boyd, the company failed to adequately accommodate her disability and did not engage in an interactive process to explore reasonable solutions for her health-related needs. Instead, she argues, the company retaliated against her by terminating her employment.

    Allegations of ADA and FMLA Violations

    The core of Boyd’s lawsuit is centered around two major federal laws: the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).

    ADA Discrimination and Retaliation: Boyd claims that Cigna violated her rights under the ADA by failing to accommodate her medical conditions and by retaliating against her for requesting accommodations. She argues that Cigna was aware of her chronic health issues and should have made efforts to engage in an interactive process, which is required by law, to determine how best to support her continued employment. By terminating her, she believes the company punished her for seeking accommodations that were necessary for her health.

    FMLA Interference and Retaliation: Boyd also accuses Cigna of violating her FMLA rights. She states that her termination was a direct result of her taking FMLA leave to manage her chronic illnesses. Boyd argues that Cigna interfered with her lawful use of FMLA and retaliated against her for applying for short-term disability and using unpaid leave to attend to her health.

    The Plaintiff’s Requests for Relief

    In her lawsuit, Boyd is seeking several forms of compensation and restitution from Cigna Healthcare. She has asked the court for reinstatement to her former position with a salary and benefits package comparable to what she had before her termination. Additionally, she is requesting compensatory damages in excess of $150,000 for lost wages, back pay, and front pay.

    Boyd is also pursuing damages for emotional distress, alleging that the wrongful termination caused her significant personal hardship. Furthermore, she seeks punitive damages as a way to hold Cigna accountable for what she views as clear violations of her rights under federal law. Finally, she is asking the court to cover her legal fees and other associated court costs.

    The Case Moving Forward

    At this stage, the case is still in its early phases. Lauren Boyd is being represented by Mary LeMieux-Fillery from the Law Offices of Eric A. Shore P.C. No attorneys have been listed for Cigna Healthcare in the initial filings.

    This case could have far-reaching implications for employees with chronic health conditions and disabilities, as it may shed light on how large corporations manage requests for accommodations under the ADA and leave under the FMLA. As it progresses, the court will weigh the evidence from both sides to determine whether Cigna’s actions were in violation of federal law.

    Conclusion

    This lawsuit emphasizes the ongoing challenges faced by employees with chronic health conditions in maintaining their rights under the ADA and FMLA. Lauren Boyd’s claims against Cigna Healthcare, if proven true, could highlight the importance of employers engaging in meaningful discussions about accommodations and respecting an employee’s need for medical leave. This case serves as a reminder that employees should not be penalized for seeking accommodations for their disabilities or for taking legally protected leave to manage their health. The outcome of this lawsuit may provide further clarity on the responsibilities employers have in balancing attendance policies with the rights of employees facing health challenges.

    Read more at: pennrecord.com


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    Celiac Dad14

    I read this article and while I feel for her and her condition, I do not believe it is her employer's responsibility to accommodate her 100%.   I think lawsuits like this could cause employers to have employees enter contracts that screen for potential problems.  As long as she was using her paid leave and approved unpaid leave, that is between her and her employer.  However, she is expected to be at work.  Too many absences from work and it's understandable that her employer let her go regardless if the reason is legitimate or not.  If she cannot do her job, she should look for employment that meets her needs.  Businesses are in competition with one another and cannot be expected to forfeit their competitive advantage for the sake of a single employee.  That might sound heartless, but I don't think so.  

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    trents

    "She regularly used approved unpaid leave and ADA accommodation days when she experienced health flare-ups, particularly after incidents of gluten contamination, which worsened her condition."

    Though this happens at least occasionally to most celiacs, even the most diligent, I wonder how consistent she was with her gluten free diet. 

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    Wheatwacked

    @Celiac Dad14

    "Boyd was prescribed a single-infusion iron drug, but Cigna denied her request ... offering a five-infusion alternative instead. This ... was unreasonable, given her ... work schedule.  She found it  impossible to arrange ...  without taking even more time off from work.."

    By denying the prescription for their own employee, and denying her Short Term Disability application, Cigna exacerbated her problems with scheduling complianced leading to her dismisal.  They basically denied the care she needed and was entitled to and threw her out with the trash.  This is not something new.  Health and Disability Insurance companies regularly deny valid claims to lower costs.

    My wife was diagnosed Ovarian Cancer stage 3b, with a one year prognosis. She was at first denied her insurance's short term and long term disability claims and Social Security disability as not severe enough.  We had to hire a company that specializes in disability claims to fight it for several months before approval.  What is the point of paying for disability if they refuse to pay valid claims.

    And shame on Cigna for doing it to their own employees.

    Edited by Wheatwacked
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    Scott Adams

    All your comments here make great points, and now that it is the norm for celiac disease to be included in the list of disabilities on job applications, it seems that discrimination for having celiac disease could become more common due to lawsuits like this one against Cigna.

     

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    Scott Adams was diagnosed with celiac disease in 1994, and, due to the nearly total lack of information available at that time, was forced to become an expert on the disease in order to recover. In 1995 he launched the site that later became Celiac.com to help as many people as possible with celiac disease get diagnosed so they can begin to live happy, healthy gluten-free lives.  He is co-author of the book Cereal Killers, and founder and publisher of the (formerly paper) newsletter Journal of Gluten Sensitivity. In 1998 he founded The Gluten-Free Mall which he sold in 2014. Celiac.com does not sell any products, and is 100% advertiser supported.


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