In a gripping legal battle, an emergency room physician has filed a lawsuit against the U.S. Department of Veterans Affairs, alleging discrimination and retaliation under federal law. The complaint was filed by Tabitha Gargano in the United States District Court for the Eastern District of Louisiana on November 19, 2024, targeting Denis McDonough, Secretary of Veterans Affairs.
The case centers around Dr. Tabitha Gargano, who claims she faced unlawful discrimination based on disability and gender, along with retaliation and harassment while employed at the Southeastern Louisiana Veterans Healthcare Administration. Gargano alleges that her medical condition following a COVID-19 infection led to a hostile work environment orchestrated by her supervisors, Dr. David Beran and Dr. Randolph Roig. According to the complaint, after contracting COVID-19 in March 2023, Gargano experienced severe health issues that impaired her ability to work. Despite informing her supervisors about her condition and filing for Family Medical Leave Act (FMLA) benefits, she faced resistance and was denied participation in programs like the Voluntary Leave Transfer Program (VLTP), which could have provided much-needed support during her recovery.
Gargano's allegations are detailed and extensive. She accuses Beran of retaliatory actions such as denying her leave requests without proper justification and charging her with unauthorized absences despite having submitted FMLA paperwork. Furthermore, she claims that male colleagues were treated more favorably under similar circumstances, highlighting systemic gender discrimination within the department. "Dr. Beran recommended disapproval of my VLTP application due to alleged fiscal irresponsibility," Gargano stated in her complaint, noting that a male colleague received approval for similar benefits without returning to work before retirement.
The plaintiff seeks compensatory damages for emotional distress and loss of enjoyment of life caused by these alleged discriminatory practices. Additionally, she demands equitable relief including attorney’s fees and any other just remedies deemed appropriate by the court.
Representing Dr. Gargano is attorney Stephanie Dovalina from New Orleans-based Dovalina Law Group. The case is presided over by Judge Graham under Case ID 2:24-cv-02705.