Louisiana court allows accommodation, retaliation claims to proceed to trial

The U.S. District Court for the Eastern District of Louisiana in New Orleans recently allowed claims against an employer for failure to accommodate an employee’s disability and retaliation in violation of the Americans with Disabilities Act (ADA) to proceed to trial. The court ruled the employee had presented sufficient evidence to allow a jury to decide whether the employer had failed to accommodate the disability and terminated her in retaliation for seeking the accommodation. The court’s opinion offers guidance for employers faced with similar types of issues.

Former employee sues for failure to accommodate, retaliation

Myrell Bergeron worked as a nurse technician for LCMC Urgent Care from March 2019 until April 22, 2020. She began working for LCMC after it acquired the clinic where she previously was employed.

Bergeron had a severe seafood allergy and alleged in the lawsuit that before LCMC's takeover, seafood was prohibited in the clinic to accommodate her allergy. When new leaders arrived on the scene, Bergeron contends they allowed employees to eat seafood at work even after she informed management of her severe allergy.

After experiencing multiple allergic reactions to seafood, Bergeron requested a transfer to another LCMC clinic where the employees didn’t eat seafood as much. Ultimately, she was transferred, but alleged that she continued to be exposed to seafood in the workplace, causing an additional severe allergic reaction.