Respiratory therapist sues after supervisor allegedly spits in her face

A respiratory therapist has filed a lawsuit claiming she was terminated after requesting accommodations for her disability and for reporting that her supervisor spit in her face.

Linda L. Worley filed suit against state of Louisiana, through LSUHSC Medical Center of Louisiana at New Orleans and Danny Chaisson on Sept. 29 in federal court in New Orleans.

She states she has fibromyalgia and degenerative lumbar disc disease and requested that her employer accommodate the condition by placing her in TICU instead of on the floor or in MICU. She was denied the request and was told the staff had to rotate. Worley states three other employees were accommodated with a non-rotating schedule. Two days after Worley made the accommodation request in writing, she was terminated from her position.

Worley states the termination was in whole or substantial in part due to her reporting that in the course of her supervisor's criticizing her performance, he had spit in her face. According to the lawsuit, this is a battery under Louisiana law. The supervisor was not disciplined for this action, she claims.

She is seeking an award of disability, back pay, front pay, lost benefits, interest, emotional and physical pain and suffering, Medicaid lien costs, attorney's fees and costs.

Worley is represented by Metairie attorney J. Courtney Wilson. A jury trial is requested.

U.S. District Judge Lance M. Africk is assigned to the case.

Case No. 2:10cv03313