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Case 4:22-cv-00137-SMR-SBJ Document 1 Filed 04/25/22 Page 1 of 10
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`IN THE IOWA DISTRICT COURT IN AND FOR UNION COUNTY
`
`
`Case No: ____________________
`
`PETITION AT LAW
`AND JURY DEMAND
`
`
`
`
`
`
`DARLA PARKER,
`
`
`Plaintiff,
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`GREATER REGIONAL HEALTH,
`Monte Neizel, Amy Rieck, Shari Mitchell,
`and Faith Hahesy, individually and in
`their official capacities.
`
`
`
`
`Defendants.
`
`
`
`
`
`COMES NOW the Plaintiff, Darla Parker, by and through her undersigned counsel, and
`
`for her Petition and Jury Demand against Defendants Greater Regional Health, Monte Neizel,
`
`Amy Rieck, Shari Mitchell, and Faith Hahesy states as follows:
`
`
`
`1.
`
`2.
`
`VENUE & JURISDICTION
`
`The unlawful acts alleged below were committed in Union County, Iowa.
`
`The amount in controversy exceeds the jurisdictional requirements of the Iowa
`
`District Court in and for Union County.
`
`
`
`PARTIES
`
`3.
`
`Plaintiff Darla Parker (hereinafter “Parker”) is and was at all times material hereto
`
`a citizen and resident of Shannon City, Union County, Iowa.
`
`4.
`
`Defendant Greater Regional Health hereinafter “GRH” is an Iowa Corporation
`
`with its principal place of business in Creston, Union County, Iowa.
`
`

`

`Case 4:22-cv-00137-SMR-SBJ Document 1 Filed 04/25/22 Page 2 of 10
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`5.
`
`Defendant Monte Neizel was at all times material to this matter the Chief
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`Executive Officer of Defendant GRH.
`
`6.
`
`Defendant Faith Hahesy was at all times material to this matter Parker’s
`
`immediate supervisor.
`
`7.
`
`Defendant Shari Mitchell was at all times material to this matter Parker’s
`
`departmental supervisor.
`
`8.
`
`Defendant Amy Rieck was at all times material to this matter GRH’s Human
`
`Resources Director.
`
`
`
`CONDITIONS PRECEDENT
`
`9.
`
`On or about October 6, 2020, within 300 days from the date of the last act of
`
`discrimination, Parker filed a Complaint of disability discrimination with the Iowa Civil Rights
`
`Act of 1965, as amended, Chapter 216, Code of Iowa (2021) against Defendant GRH, which was
`
`cross-filed with the Equal Employment Opportunity Commission. A copy of said charge is
`
`attached hereto as Exhibit “A” and its contents are incorporated herein.
`
`10.
`
`The Iowa Civil Rights Commission has issued Parker an Administrative Release
`
`(Right-to-Sue Letter) and has timely commenced this lawsuit within 90 days of the issuance of
`
`the Administrative Release as copy of which is attached hereto as Exhibit “B”.
`
`11.
`
`Parker has complied with all conditions precedent to the filing of her claims
`
`against Defendant.
`
`
`
`
`
`
`
`
`
`
`
`2
`
`

`

`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
`
`
`
`12.
`
`13.
`
`Parker repleads the allegations above as if fully set forth herein.
`
`GRH is an “employer” as defined in the Iowa Civil Rights Act, Iowa Code
`
`Chapter 216 (Section 216.2(7)).
`
`14.
`
`Parker began employment with Defendant GRH on or about August 2, 2006 as a
`
`Switchboard Registration Clerk at Defendant’s facility in Creston, Union County, Iowa.
`
`15.
`
`Parker has been diagnosed with and suffers from Lupus Nephritis class III and V,
`
`an autoimmune disorder affecting the kidneys, heart, skin, eyes, brain, and hands.
`
`16.
`
`Since the date of Parker’s employment, she has held several positions at GRH
`
`including: Switchboard Registration Clerk, Precertification Clerk, Cashier, Orthopedics Clinic
`
`Receptionist, Specialty Clinic Patient Access Representative, and Audiology Receptionist. At the
`
`time of Parker’s termination, she was both a Specialty Clinic Access Representative and the
`
`Audiology Receptionist.
`
`17.
`
`Upon information and belief, Parker was the only employee trained for the
`
`specific duties required for the Audiology Clinic at that time.
`
`18.
`
`Parker’s duties as an Audiology Receptionist included: received and routed all
`
`incoming audiology calls, verified eligibility and benefits with insurance companies, explained
`
`benefits to patients and collected payment from patients for hearing aids and surgery balances,
`
`maintained a leger of payments and benefits, maintained the audiology schedule, forwarded
`
`paper and electronic claims to insurance companies, and followed-up with insurance companies
`
`regarding any discrepancies in payment. This position was full-time and absorbed upwards of
`
`85% of Parker’s average workweek prior to May 11, 2020.
`
`
`
`3
`
`

`

`Case 4:22-cv-00137-SMR-SBJ Document 1 Filed 04/25/22 Page 4 of 10
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`19.
`
`Parker’s duties as a Specialty Clinic Patient Access Representative included:
`
`received and routed general Specialty Clinic calls; verified patient demographics; scheduled
`
`appointments for walk-in radiology and laboratory patients; made follow-up appointments for
`
`obstetric/gynecology, pain management, urology, podiatry, ENT and pulmonology; and
`
`processed payments. This position was also fulltime and typically absorbed 15% of her
`
`workweek as there were several other staff members who held similar, if not identical, positions.
`
`20.
`
`From approximately March 16, 2020 to April 2, 2020, due to the onset of
`
`COVID-19, Parker was using her paid time off (“PTO”) to quarantine.
`
`21.
`
`On or about March 30, 2020, Parker discussed her autoimmune disorder with
`
`Faith Hahesy, Patient Access Supervisor and Parker’s immediate supervisor and Hahesy’s
`
`assistant, Nikki Little.
`
`22.
`
`On or about March 30, 2020, Nikki Little texted Parker, “Are you concerned
`
`about being around people?” Parker answered, “Yes.”
`
`23.
`
`On or about April 2, 2020, Parker returned to work. Amy Kelsey, the director of
`
`Health Information Management Service, discussed a March 20, 2020 HIPAA violation that
`
`occurred while Parker was out of the office on PTO. Faith Hahsey asked Parker if she had
`
`bullied Amelia Quick into participating in the HIPAA violation at Parker’s request.
`
`24.
`
`On or about April 8, 2020, Dr. Nelson Leung, Parker’s longtime physician,
`
`provided a letter outlining Parker’s Lupus diagnosis and requesting leave under the Family
`
`Medical Leave Act (hereafter “FMLA”).
`
`25.
`
`On or about April 8, 2020, Parker was granted FMLA leave.
`
`
`
`4
`
`

`

`Case 4:22-cv-00137-SMR-SBJ Document 1 Filed 04/25/22 Page 5 of 10
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`26.
`
`On or about April 9, 2020, Amy Rieck and Faith Hahesy called Parker while she
`
`was on FMLA leave. They told Parker that she would receive a three-day suspension for the
`
`March 20, 2020 HIPAA violation.
`
`27.
`
`On or about April 10, 2020, Parker contacted Faith Hahesy regarding the handling
`
`of her audiology duties while she was away.
`
`28.
`
`Upon information and belief, most, if not all, of the Audiology tasks were not
`
`completed while Parker was on leave and most, if not all, duties for that Clinic had been put on
`
`hold.
`
`29.
`
`On or about May 1, 2020, Jen Kenyon, a Human Resources Officer, contacted
`
`Parker and advised her that the long-term disability group did not recognize auto-immune
`
`disorders during COVID -19 as a long-term disability under FMLA. Therefore, Parker was told
`
`that her short-term disability would end on May 9, 2020.
`
`30.
`
`Parker received several calls over the course of her FMLA leave from Dr. Ryan
`
`Denny, the Audiologist, Faith Hahesy and Nikki Little inquiring as to Parker’s anticipated return
`
`date. These calls and the fact that the Audiology clinic work was not being delegated to anyone
`
`else put pressure on Parker to return to work despite paid time off that she had earned and could
`
`use to extend her period of leave during COVID-19.
`
`31.
`
`On or about May 4, 2020, Parker provided Faith Hahesy with a letter from Dr.
`
`Nelson Leung releasing her to return to work provided proper hygiene and safety precautions
`
`were followed.
`
`32.
`
`Upon information and belief, between May 4, 2020 and May 11, 2020, Parker and
`
`Faith Hahesy spoke about Parker’s return date, safety concerns, and duties upon returning to
`
`work.
`
`
`
`5
`
`

`

`Case 4:22-cv-00137-SMR-SBJ Document 1 Filed 04/25/22 Page 6 of 10
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`33.
`
`Faith Hahsey informed Parker of the following plan for her return: Parker was to
`
`return to work on May 11, 2020, Parker would be working at the front desk rather than her
`
`previous audiology desk, she would be primarily focused on the general receptionist duties (6
`
`hours per day) while her audiology work would be relegated to 1 ½ - 2 hours of her day. Faith
`
`Hahsey explained that most of the Audiology duties would be divvied up between two different
`
`departments, therefore, Parker would not need to devote as much time to those duties.
`
`34.
`
`Upon information and belief, Parker was the only employee trained for Audiology
`
`duties at any time during her tenure at GRH. Jenny Gray and Amelia Quick had begun training
`
`for Audiology duties but had not received all the training necessary to complete the required
`
`duties.
`
`35.
`
`Upon information and belief, Faith Hahesy had not received any training specific
`
`to Audiology clinic.
`
`36. Working at the receptionist desk placed Parker within 4 feet of her nearest co-
`
`worker while her previous desk for Audiology was isolated in a separate space, over 12 feet from
`
`the nearest co-worker. Furthermore, there was no plexiglass separating patients from employees.
`
`37.
`
`38.
`
`On or about May 11, 2020, Parker returned to work full-time at GRH.
`
`Upon returning to work, Parker was seated at the front receptionist desk which
`
`was shared with two other employees. Only the bare essentials had been covered for the
`
`Audiology Clinic and Parker had a significant list of follow-up items to resolve. When Parker
`
`attempted to complete the allotted 1 ½ - 2 hours of Audiology work at her previous desk, Faith
`
`Hahesy called her on the phone and asked in a disgusted tone, “what are you doing?” Faith
`
`Hahesy told Parker that she needed to return to the receptionist’s desk at the front of the clinic.
`
`
`
`6
`
`

`

`Case 4:22-cv-00137-SMR-SBJ Document 1 Filed 04/25/22 Page 7 of 10
`
`39.
`
`On or about May 11, 2020, Parker apologized to Amelia Quick about the March
`
`20, 2020 HIPAA violation. Amelia Quick stated that she did not feel that Parker had bullied her
`
`and assured Parker that it was alright.
`
`40.
`
`On or about May 12, 2020, at a group meeting, Parker informed Faith Hahesy of
`
`an issue with three Audiology accounts that occurred while other departments had been tasked
`
`with completing Audiology claims. Parker was able to successfully recoup $1,900 for each
`
`account where a write-off had been applied erroneously.
`
`41.
`
`Upon information and belief, between May 26 and May 29, 2020, Faith Hahesy
`
`did not allow Parker to use paid time off or low census status despite the conditions being
`
`appropriate.
`
`42.
`
`On or about June 8, 2020, Parker searched for a specialty form for a patient in a
`
`portion of the desk where her co-worker, Jenny Gray, typically sat. While in a drawer, she
`
`noticed that there were several forms and notes that contained Protected Health Information that
`
`should have been kept in a secure, locked drawer. The next day, when Jenny Gray returned,
`
`Parker reminded her that she should keep those forms in an appropriate secure fashion.
`
`43.
`
`On or about June 15, 2020, Parker was called to a meeting with Faith Hahesy and
`
`Amy Rieck. Amy Rieck told Parker that her discussion with Amelia Quick about the HIPAA
`
`violation had been perceived by Amelia Quick as Parker being hostile. Faith Hahesy and Amy
`
`Rieck also asked about the June 8, 2020 incident in which Parker found Protected Health
`
`Information in Jenny Gray’s desk drawer.
`
`44.
`
`On or about June 16, 2020, Parker was again called to a meeting with Amy Rieck
`
`and was terminated.
`
`
`
`7
`
`

`

`Case 4:22-cv-00137-SMR-SBJ Document 1 Filed 04/25/22 Page 8 of 10
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`45.
`
`Defendants discriminated against Parker based on her disability in violation of the
`
`Iowa Civil Rights Act, Iowa Code Chapter 216, by treating her differently than they treated
`
`employees without disabilities who engaged in similar conduct.
`
`46.
`
`Defendant GRH terminated Parker because of her disability in violation of The
`
`Iowa Civil Rights Act, Iowa Code § 216.6.
`
`47.
`
`Defendants, in terminating Parker, wrongfully retaliated against Parker for
`
`engaging in a protected activity as a person with a disability and for requesting accommodations.
`
`48.
`
`Parker qualified for, requested, and exercised her right to FMLA leave during the
`
`COVID-19 pandemic where she had Lupus, a recognized disorder under FMLA, her doctor
`
`validated her condition, and she remained on leave for the duration of the FMLA granted leave.
`
`49.
`
`Parker requested that she be allowed to complete her work at a station farther
`
`away from her fellow employees and patients. Her reasonable request was denied.
`
`50.
`
`Parker took responsibility for and addressed her HIPAA violation when she
`
`acknowledged her mistake to her colleague and her supervisors.
`
`51.
`
`Defendant, in changing the duties of her position and in subsequently terminating
`
`Parker, unlawfully discriminated against Parker in retaliation for taking FMLA leave in violation
`
`of 29 USC § 2614 and 29 USC § 2615.
`
`52.
`
`Furthermore, Defendant failed to support Parker’s time on FMLA leave in
`
`violation of 29 USC § 2614 and 29 USC § 2615 by pressuring her to return and failing to
`
`meaningfully cover her duties while she was on leave.
`
`53.
`
`As a proximate cause of Defendant’s illegal conduct, Parker has suffered
`
`damages, including loss of income and benefits in the past and future, humiliation,
`
`
`
`8
`
`

`

`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.
`
`
`
`
`
`54.
`
`55.
`
`COUNT III: FAILURE TO ACCOMMODATE
`42 USC § 12111
`
`
`Parker repleads the allegations above as if fully set forth herein.
`
`Defendant denied Parker’s requests to use her paid time off and low census status
`
`in order to avoid direct contact with patients during COVID-19 and reduce her risk of a flare-up
`
`of her Lupus in violation of 42 USC § 12111.
`
`56.
`
`Defendant failed to allow Parker to use a countertop farther from her co-workers
`
`in violation of 42 USC § 12111.
`
`57.
`
`Defendant was required to provide reasonable accommodations for Parker as a
`
`person with a disability under the Americans with Disabilities Act of 1990.
`
`58.
`
`The requested accommodations were reasonable in that they would not have
`
`created undo hardship for the Defendant nor would they have been overly costly to implement.
`
`59.
`
`As a result of these failures to accommodate, Parker has suffered emotional and
`
`physical distress.
`
`
`
`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
`
`future lost wages and benefits, past and future emotional distress, and reasonable attorney’s fees
`
`
`
`9
`
`

`

`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.
`
`JURY DEMAND
`
`
`60.
`
`Plaintiff hereby requests a just trial in this matter
`
`
`
`
`
`
`
`Respectfully submitted,
`
`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
`
`ATTORNEYS FOR PLAINTIFF
`
`
`
`10
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`

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