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`IN THE IOWA DISTRICT COURT IN AND FOR UNION COUNTY
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`Case No: ____________________
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`PETITION AT LAW
`AND JURY DEMAND
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`DARLA PARKER,
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`Plaintiff,
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`v.
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`GREATER REGIONAL HEALTH,
`Monte Neizel, Amy Rieck, Shari Mitchell,
`and Faith Hahesy, individually and in
`their official capacities.
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`Defendants.
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`COMES NOW the Plaintiff, Darla Parker, by and through her undersigned counsel, and
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`for her Petition and Jury Demand against Defendants Greater Regional Health, Monte Neizel,
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`Amy Rieck, Shari Mitchell, and Faith Hahesy states as follows:
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`1.
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`2.
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`VENUE & JURISDICTION
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`The unlawful acts alleged below were committed in Union County, Iowa.
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`The amount in controversy exceeds the jurisdictional requirements of the Iowa
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`District Court in and for Union County.
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`PARTIES
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`3.
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`Plaintiff Darla Parker (hereinafter “Parker”) is and was at all times material hereto
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`a citizen and resident of Shannon City, Union County, Iowa.
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`4.
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`Defendant Greater Regional Health hereinafter “GRH” is an Iowa Corporation
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`with its principal place of business in Creston, Union County, Iowa.
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`Case 4:22-cv-00137-SMR-SBJ Document 1 Filed 04/25/22 Page 2 of 10
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`5.
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`Defendant Monte Neizel was at all times material to this matter the Chief
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`Executive Officer of Defendant GRH.
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`6.
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`Defendant Faith Hahesy was at all times material to this matter Parker’s
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`immediate supervisor.
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`7.
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`Defendant Shari Mitchell was at all times material to this matter Parker’s
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`departmental supervisor.
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`8.
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`Defendant Amy Rieck was at all times material to this matter GRH’s Human
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`Resources Director.
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`CONDITIONS PRECEDENT
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`9.
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`On or about October 6, 2020, within 300 days from the date of the last act of
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`discrimination, Parker filed a Complaint of disability discrimination with the Iowa Civil Rights
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`Act of 1965, as amended, Chapter 216, Code of Iowa (2021) against Defendant GRH, which was
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`cross-filed with the Equal Employment Opportunity Commission. A copy of said charge is
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`attached hereto as Exhibit “A” and its contents are incorporated herein.
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`10.
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`The Iowa Civil Rights Commission has issued Parker an Administrative Release
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`(Right-to-Sue Letter) and has timely commenced this lawsuit within 90 days of the issuance of
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`the Administrative Release as copy of which is attached hereto as Exhibit “B”.
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`11.
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`Parker has complied with all conditions precedent to the filing of her claims
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`against Defendant.
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`2
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`Case 4:22-cv-00137-SMR-SBJ Document 1 Filed 04/25/22 Page 3 of 10
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`COUNTS I & II: INTERFERENCE & RETALIATORY TERMINATION
`29 USC § 2614 and 29 USC § 2615
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`12.
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`13.
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`Parker repleads the allegations above as if fully set forth herein.
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`GRH is an “employer” as defined in the Iowa Civil Rights Act, Iowa Code
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`Chapter 216 (Section 216.2(7)).
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`14.
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`Parker began employment with Defendant GRH on or about August 2, 2006 as a
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`Switchboard Registration Clerk at Defendant’s facility in Creston, Union County, Iowa.
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`15.
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`Parker has been diagnosed with and suffers from Lupus Nephritis class III and V,
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`an autoimmune disorder affecting the kidneys, heart, skin, eyes, brain, and hands.
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`16.
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`Since the date of Parker’s employment, she has held several positions at GRH
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`including: Switchboard Registration Clerk, Precertification Clerk, Cashier, Orthopedics Clinic
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`Receptionist, Specialty Clinic Patient Access Representative, and Audiology Receptionist. At the
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`time of Parker’s termination, she was both a Specialty Clinic Access Representative and the
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`Audiology Receptionist.
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`17.
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`Upon information and belief, Parker was the only employee trained for the
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`specific duties required for the Audiology Clinic at that time.
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`18.
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`Parker’s duties as an Audiology Receptionist included: received and routed all
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`incoming audiology calls, verified eligibility and benefits with insurance companies, explained
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`benefits to patients and collected payment from patients for hearing aids and surgery balances,
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`maintained a leger of payments and benefits, maintained the audiology schedule, forwarded
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`paper and electronic claims to insurance companies, and followed-up with insurance companies
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`regarding any discrepancies in payment. This position was full-time and absorbed upwards of
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`85% of Parker’s average workweek prior to May 11, 2020.
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`3
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`Case 4:22-cv-00137-SMR-SBJ Document 1 Filed 04/25/22 Page 4 of 10
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`19.
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`Parker’s duties as a Specialty Clinic Patient Access Representative included:
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`received and routed general Specialty Clinic calls; verified patient demographics; scheduled
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`appointments for walk-in radiology and laboratory patients; made follow-up appointments for
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`obstetric/gynecology, pain management, urology, podiatry, ENT and pulmonology; and
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`processed payments. This position was also fulltime and typically absorbed 15% of her
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`workweek as there were several other staff members who held similar, if not identical, positions.
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`20.
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`From approximately March 16, 2020 to April 2, 2020, due to the onset of
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`COVID-19, Parker was using her paid time off (“PTO”) to quarantine.
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`21.
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`On or about March 30, 2020, Parker discussed her autoimmune disorder with
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`Faith Hahesy, Patient Access Supervisor and Parker’s immediate supervisor and Hahesy’s
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`assistant, Nikki Little.
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`22.
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`On or about March 30, 2020, Nikki Little texted Parker, “Are you concerned
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`about being around people?” Parker answered, “Yes.”
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`23.
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`On or about April 2, 2020, Parker returned to work. Amy Kelsey, the director of
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`Health Information Management Service, discussed a March 20, 2020 HIPAA violation that
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`occurred while Parker was out of the office on PTO. Faith Hahsey asked Parker if she had
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`bullied Amelia Quick into participating in the HIPAA violation at Parker’s request.
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`24.
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`On or about April 8, 2020, Dr. Nelson Leung, Parker’s longtime physician,
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`provided a letter outlining Parker’s Lupus diagnosis and requesting leave under the Family
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`Medical Leave Act (hereafter “FMLA”).
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`25.
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`On or about April 8, 2020, Parker was granted FMLA leave.
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`4
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`Case 4:22-cv-00137-SMR-SBJ Document 1 Filed 04/25/22 Page 5 of 10
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`26.
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`On or about April 9, 2020, Amy Rieck and Faith Hahesy called Parker while she
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`was on FMLA leave. They told Parker that she would receive a three-day suspension for the
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`March 20, 2020 HIPAA violation.
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`27.
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`On or about April 10, 2020, Parker contacted Faith Hahesy regarding the handling
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`of her audiology duties while she was away.
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`28.
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`Upon information and belief, most, if not all, of the Audiology tasks were not
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`completed while Parker was on leave and most, if not all, duties for that Clinic had been put on
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`hold.
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`29.
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`On or about May 1, 2020, Jen Kenyon, a Human Resources Officer, contacted
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`Parker and advised her that the long-term disability group did not recognize auto-immune
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`disorders during COVID -19 as a long-term disability under FMLA. Therefore, Parker was told
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`that her short-term disability would end on May 9, 2020.
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`30.
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`Parker received several calls over the course of her FMLA leave from Dr. Ryan
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`Denny, the Audiologist, Faith Hahesy and Nikki Little inquiring as to Parker’s anticipated return
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`date. These calls and the fact that the Audiology clinic work was not being delegated to anyone
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`else put pressure on Parker to return to work despite paid time off that she had earned and could
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`use to extend her period of leave during COVID-19.
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`31.
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`On or about May 4, 2020, Parker provided Faith Hahesy with a letter from Dr.
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`Nelson Leung releasing her to return to work provided proper hygiene and safety precautions
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`were followed.
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`32.
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`Upon information and belief, between May 4, 2020 and May 11, 2020, Parker and
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`Faith Hahesy spoke about Parker’s return date, safety concerns, and duties upon returning to
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`work.
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`5
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`Case 4:22-cv-00137-SMR-SBJ Document 1 Filed 04/25/22 Page 6 of 10
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`33.
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`Faith Hahsey informed Parker of the following plan for her return: Parker was to
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`return to work on May 11, 2020, Parker would be working at the front desk rather than her
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`previous audiology desk, she would be primarily focused on the general receptionist duties (6
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`hours per day) while her audiology work would be relegated to 1 ½ - 2 hours of her day. Faith
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`Hahsey explained that most of the Audiology duties would be divvied up between two different
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`departments, therefore, Parker would not need to devote as much time to those duties.
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`34.
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`Upon information and belief, Parker was the only employee trained for Audiology
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`duties at any time during her tenure at GRH. Jenny Gray and Amelia Quick had begun training
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`for Audiology duties but had not received all the training necessary to complete the required
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`duties.
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`35.
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`Upon information and belief, Faith Hahesy had not received any training specific
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`to Audiology clinic.
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`36. Working at the receptionist desk placed Parker within 4 feet of her nearest co-
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`worker while her previous desk for Audiology was isolated in a separate space, over 12 feet from
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`the nearest co-worker. Furthermore, there was no plexiglass separating patients from employees.
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`37.
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`38.
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`On or about May 11, 2020, Parker returned to work full-time at GRH.
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`Upon returning to work, Parker was seated at the front receptionist desk which
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`was shared with two other employees. Only the bare essentials had been covered for the
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`Audiology Clinic and Parker had a significant list of follow-up items to resolve. When Parker
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`attempted to complete the allotted 1 ½ - 2 hours of Audiology work at her previous desk, Faith
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`Hahesy called her on the phone and asked in a disgusted tone, “what are you doing?” Faith
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`Hahesy told Parker that she needed to return to the receptionist’s desk at the front of the clinic.
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`6
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`Case 4:22-cv-00137-SMR-SBJ Document 1 Filed 04/25/22 Page 7 of 10
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`39.
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`On or about May 11, 2020, Parker apologized to Amelia Quick about the March
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`20, 2020 HIPAA violation. Amelia Quick stated that she did not feel that Parker had bullied her
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`and assured Parker that it was alright.
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`40.
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`On or about May 12, 2020, at a group meeting, Parker informed Faith Hahesy of
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`an issue with three Audiology accounts that occurred while other departments had been tasked
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`with completing Audiology claims. Parker was able to successfully recoup $1,900 for each
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`account where a write-off had been applied erroneously.
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`41.
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`Upon information and belief, between May 26 and May 29, 2020, Faith Hahesy
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`did not allow Parker to use paid time off or low census status despite the conditions being
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`appropriate.
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`42.
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`On or about June 8, 2020, Parker searched for a specialty form for a patient in a
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`portion of the desk where her co-worker, Jenny Gray, typically sat. While in a drawer, she
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`noticed that there were several forms and notes that contained Protected Health Information that
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`should have been kept in a secure, locked drawer. The next day, when Jenny Gray returned,
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`Parker reminded her that she should keep those forms in an appropriate secure fashion.
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`43.
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`On or about June 15, 2020, Parker was called to a meeting with Faith Hahesy and
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`Amy Rieck. Amy Rieck told Parker that her discussion with Amelia Quick about the HIPAA
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`violation had been perceived by Amelia Quick as Parker being hostile. Faith Hahesy and Amy
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`Rieck also asked about the June 8, 2020 incident in which Parker found Protected Health
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`Information in Jenny Gray’s desk drawer.
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`44.
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`On or about June 16, 2020, Parker was again called to a meeting with Amy Rieck
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`and was terminated.
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`7
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`Case 4:22-cv-00137-SMR-SBJ Document 1 Filed 04/25/22 Page 8 of 10
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`45.
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`Defendants discriminated against Parker based on her disability in violation of the
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`Iowa Civil Rights Act, Iowa Code Chapter 216, by treating her differently than they treated
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`employees without disabilities who engaged in similar conduct.
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`46.
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`Defendant GRH terminated Parker because of her disability in violation of The
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`Iowa Civil Rights Act, Iowa Code § 216.6.
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`47.
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`Defendants, in terminating Parker, wrongfully retaliated against Parker for
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`engaging in a protected activity as a person with a disability and for requesting accommodations.
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`48.
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`Parker qualified for, requested, and exercised her right to FMLA leave during the
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`COVID-19 pandemic where she had Lupus, a recognized disorder under FMLA, her doctor
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`validated her condition, and she remained on leave for the duration of the FMLA granted leave.
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`49.
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`Parker requested that she be allowed to complete her work at a station farther
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`away from her fellow employees and patients. Her reasonable request was denied.
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`50.
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`Parker took responsibility for and addressed her HIPAA violation when she
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`acknowledged her mistake to her colleague and her supervisors.
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`51.
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`Defendant, in changing the duties of her position and in subsequently terminating
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`Parker, unlawfully discriminated against Parker in retaliation for taking FMLA leave in violation
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`of 29 USC § 2614 and 29 USC § 2615.
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`52.
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`Furthermore, Defendant failed to support Parker’s time on FMLA leave in
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`violation of 29 USC § 2614 and 29 USC § 2615 by pressuring her to return and failing to
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`meaningfully cover her duties while she was on leave.
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`53.
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`As a proximate cause of Defendant’s illegal conduct, Parker has suffered
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`damages, including loss of income and benefits in the past and future, humiliation,
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`8
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`Case 4:22-cv-00137-SMR-SBJ Document 1 Filed 04/25/22 Page 9 of 10
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`embarrassment, anxiety, other emotional distress, and physical discomfort due to flare-ups of her
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`chronic condition made worse by stress.
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`54.
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`55.
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`COUNT III: FAILURE TO ACCOMMODATE
`42 USC § 12111
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`Parker repleads the allegations above as if fully set forth herein.
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`Defendant denied Parker’s requests to use her paid time off and low census status
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`in order to avoid direct contact with patients during COVID-19 and reduce her risk of a flare-up
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`of her Lupus in violation of 42 USC § 12111.
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`56.
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`Defendant failed to allow Parker to use a countertop farther from her co-workers
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`in violation of 42 USC § 12111.
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`57.
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`Defendant was required to provide reasonable accommodations for Parker as a
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`person with a disability under the Americans with Disabilities Act of 1990.
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`58.
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`The requested accommodations were reasonable in that they would not have
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`created undo hardship for the Defendant nor would they have been overly costly to implement.
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`59.
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`As a result of these failures to accommodate, Parker has suffered emotional and
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`physical distress.
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`WHEREFORE, Plaintiff Darla Parker prays for judgment against Defendant GRH in an
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`amount that will fully and fairly compensate her for her damages, including damages for past and
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`future lost wages and benefits, past and future emotional distress, and reasonable attorney’s fees
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`9
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`Case 4:22-cv-00137-SMR-SBJ Document 1 Filed 04/25/22 Page 10 of 10
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`and costs, with interest as provided by law, and such other and further relief as the Court deems
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`just and equitable.
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`JURY DEMAND
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`60.
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`Plaintiff hereby requests a just trial in this matter
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`Respectfully submitted,
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`David H. Goldman
`/s/ David H. Goldman____
`Sierra Meehan Strassberg
`/s/ Sierra M. Strassberg ____
`BABICH GOLDMAN, P.C.
`501 SW 7th Street, Suite J
`Des Moines, IA 50309
`Telephone: (515) 244-4300
`Facsimile: (515) 244-2650
`Email: dgoldman@babichgoldman.com
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`ATTORNEYS FOR PLAINTIFF
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`10
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