A brain tumor survivor is taking legal action against her former employer, alleging discrimination due to her disability. On October 25, 2024, Daria Eden filed a complaint in the United States District Court for the Western District of Louisiana against Kevin’s Seafood Lafayette, LLC and New Kevin’s Seafood, Inc.
The lawsuit tells the story of Daria Eden, who has partial paralysis following her battle with a brain tumor. Despite her condition, she applied for a cashier position at Kevin’s Seafood Lafayette in August 2024. During her interview with manager Cathy, Eden disclosed her disability and was assured it would not be an issue. However, on her first day of work on August 12, 2024, after three hours into her shift, she was abruptly terminated by a manager or owner who told her to "go find another job" because she was "only using one arm." This interaction was recorded by Eden and forms part of the evidence presented in court.
Eden's complaint alleges that this termination violated both federal and state laws protecting individuals with disabilities from employment discrimination. Specifically, it cites Title I of the Americans with Disabilities Act (ADA) and the Louisiana Employment Discrimination Act. The ADA prohibits employment discrimination based on disability and requires reasonable accommodations for employees unless doing so would cause undue hardship to the employer. The Louisiana law mirrors these protections at the state level.
In response to what she describes as wrongful termination based on discriminatory practices, Eden seeks several forms of relief from the court. She requests declaratory relief affirming that the defendants' actions were unlawful under both federal and state laws. Additionally, she seeks compensatory damages for lost wages and emotional distress caused by this experience. Punitive damages are also sought to penalize Kevin’s Seafood for their alleged discriminatory conduct. Furthermore, Eden asks for coverage of legal costs and attorney fees associated with bringing this case forward.
Representing Daria Eden are attorneys Hope Phelps and William Most from Most & Associates based in New Orleans. The case is filed under Case ID: 6:24-cv-01474.