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`Case 3:21-cv-01709-M Document 1 Filed 07/22/21 Page 1 of 6 PageID 1Case 3:21-cv-01709-M Document 1 Filed 07/22/21 Page 1 of 6 PageID 1
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF TEXAS
`DALLAS DIVISION
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`TRESA MACE,
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`Plaintiff,
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`v.
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`REPUBLIC HEALTH CORPORATION OF
`ROCKWALL COUNTY d/b/a REPUBLIC
`HEALTH ROCKWALL and LAKE
`POINTE OPERATING COMPANY, L.L.C.
`d/b/a BAYLOR SCOTT & WHITE
`MEDICAL CENTER – LAKE POINTE,
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` Defendants.
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`§
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`§ Cause No.: 3:21-cv-1709
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`§ JURY DEMAND
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`TO THE HONORABLE JUDGE OF SAID COURT:
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`Comes now Plaintiff Tresa Mace, by and through her attorney, and files this her Original
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`Complaint, stating as follows:
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`1.
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`Plaintiff Tresa Mace is a citizen and resident of Hunt County, Texas. At the time of
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`I.
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`PARTIES
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`the events in question, she resided in Royce City, Rockwall County, Texas.
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`2.
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`Defendants Republic Health Corporation of Rockwall County d/b/a Republic Health
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`Rockwall; and Lake Pointe Operating Company, L.L.C. d/b/a Baylor Scott & White Medical Center
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`– Lake Pointe, (collectively, “Lake Pointe”) are joint employers and/or jointly own and manage Lake
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`Pointe Medical Center in Rockwall, Texas.
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`3.
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`Defendant Republic Health Corporation of Rockwall County d/b/a Republic Health
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`Rockwall is a Nevada corporation, organized under the laws of Nevada and has as its principal address
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`in Texas at PO Box 809088, Dallas, Texas 75380. Its agent for service of process is:
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`Plaintiff’s Original Complaint – Page 1 of 6
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`CT Corporation System
`1999 Bryan Street, Suite 900
`Dallas, Texas 75201
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`Defendant Lake Pointe Operating Company, L.L.C. d/b/a Baylor Scott & White
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`4.
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`Medical Center - Lake Pointe is a Texas limited liability company, organized under the laws of Texas
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`and has as its principal address at 1445 Ross Avenue, Suite 1400, Dallas, Texas 75202. Its agent for
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`service of process is:
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`Corporation Service Company
`211 E. 7th Street, Suite 620
`Austin, Texas 78701
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`JURISDICTION AND VENUE
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`II.
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`5.
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`This Court has federal question subject matter jurisdiction over this matter pursuant
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`to the American with Disabilities Act (1990 as amended), 29 U.S.C. § 621, et seq. This Court
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`has personal jurisdiction over the parties because all parties reside or conduct business in this District
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`and Division.
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`6.
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`Venue in this district is proper under 28 U.S.C. § 1391(b), because the actions
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`that give rise to this action occurred within Rockwall and/or Dallas Counties, both of which are
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`within this District and Division.
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`7.
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`Plaintiff filed a Charge of Discrimination with the Equal Employment
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`Opportunity Commission (EEOC) within 300 days of Defendant’s discriminatory conduct. Plaintiff
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`received a Notice of Right to Sue from the EEOC on or around April 23, 2021, relating to her
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`Title VII claims and brings this lawsuit within ninety (90) days. Based on the foregoing, all
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`jurisdictional prerequisites to this suit have been met.
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`8.
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`At all times relevant to this case, Plaintiff was an employee of the Defendant as
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`III.
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`FACTS
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`defined in the ADA.
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`Plaintiff’s Original Complaint – Page 2 of 6
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`9.
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`At all times relevant to this case, Defendant has been an “employer” within the
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`meaning of the ADA.
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`10. Ms. Mace began working for Lake Pointe, and/or its corporate predecessors, in early
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`2015 as an Executive Assistant to Lake Pointe’s CEO and CFO. She served without incident or
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`negative report until she was diagnosed with cancer. She received her cancer diagnosis on or about
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`October 19, 2016, and she told Brett Lee (Lake Pointe’s CEO) and David Olmstead (Lake Pointe’s
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`Chief of Human Resources) of her diagnosis the same day.
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`11.
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`Indeed, Ms. Mace delayed her cancer surgery in December to accommodate a
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`temporary replacement being found for her.
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`12.
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`Although she was scheduled to return from FMLA leave on January 12, 2017, Ms.
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`Mace was told by Mr. Olmstead not to return until January 19, 2017. No reason was given for the
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`delayed restart date at that time. However, upon her return on that date, she discovered that the
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`delay was for the training of her replacement employee.
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`13.
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`Upon her return, Ms. Mace was subjected to an ongoing series of retaliatory
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`actions on the part of Lake Pointe. These retaliations included, but were not limited to:
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`a)
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`Being replaced by a permanent new employee, not a temporary employee, and the
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`related demotion to a “floater” type position, which caused humiliation by coworkers thinking
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`she had been demoted and even fired;
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`b)
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`Being reassigned to a desk, which was stuck in a file room, and which initially lacked
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`a computer or other appropriate office equipment;
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`c)
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`d)
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`e)
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`Being repeatedly denied medical accommodations requested by her doctors;
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`Being assigned large projects without access to necessary computer software;
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`Being investigated for alleged improper use of her corporate credit card by others
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`while she was on FMLA leave;
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`Plaintiff’s Original Complaint – Page 3 of 6
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`f)
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`Being placed on a PIP due to her attendance issues, despite the fact that she was
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`attending medical appointments for her cancer treatment, which were FMLA approved;
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`g)
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`Being constantly pressured by supervisors to take FMLA leave sooner than necessary
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`for an upcoming surgery, which surgery was directly linked to the lack of reasonable
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`accommodation; and
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`h)
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`Having Mr. Lee interfere with and pressure Ms. Mace’s treating physician, a surgeon
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`with medical privileges at Lake Pointe, to refuse to perform surgery after that surgeon had
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`said it was necessary, presumably due to pressure from the facility not to perform it.
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`14.
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`Indeed, to explicate the above, Ms. Mace was assigned to special projects at a time
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`when she could have been returned to her prior job. Her return was delayed so she would not see
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`her desk was empty and that her replacement was still being trained. She was assigned to a work
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`project and a location that was designed to embarrass her. The amount of “special projects” she was
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`assigned effectively doubled her workload as she was coming off of difficult cancer treatment.
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`Despite the fact that she had ongoing need for follow-up cancer treatments, her requests for
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`continued intermittent FMLA for her appointments were routinely denied without cause. Despite
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`swelling and injury in one leg, for which the accommodation of a leg-scooter was both reasonable
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`and medically needed, the request was denied. This exacerbated her injury, causing a need for
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`surgery, which her physician scheduled, but subsequently cancelled after interference by Mr. Lee.
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`15.
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`All of the above resulted in Ms. Mace being constructively discharged by Lake
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`Pointe on January 4, 2018, due to the stress, anxiety, and depression caused by the harassment and
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`hostile work environment she suffered, all because of a cancer she did not ask for and because of
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`Lake Pointe’s refusal to show compassion and protect her legal rights. See Hammond v. Katy Indep.
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`Sch. Dist., 821 S.W.2d 174, 177 (Tex.App.—Houston [14th Dist.] 1991, no writ) (a
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`constructive discharge occurs when an employer forces the employee to quit by making work
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`Plaintiff’s Original Complaint – Page 4 of 6
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`conditions intolerable.).
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`16.
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`Due to the exacerbation of her injury caused by Lake Pointe and her subsequent
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`cancer treatments, Ms. Mace is now on long-term disability. However, she had the ability to work
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`for well over a year prior to reaching this level, time for which she has the right to recover monetary
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`damages. Additionally, she has the right to recover for the mental anguish caused by the above
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`actions, attorney fees, and potentially punitive damages.
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`IV. CAUSES OF ACTION
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`DSICRIMINATION AND/OR RETALIATION UNDER THE ADA
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`17.
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`Plaintiff realleges each allegation set forth in the paragraphs above.
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`18.
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`Plaintiff was qualified for his position at all times while working for Defendant.
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`Plaintiff was both disabled and regarded as disabled in light of her diagnosis with cancer and her
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`limitations in the ability to walk.
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`19.
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`Defendant’s conduct constitutes discrimination under the ADA regarding the failure
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`to provide reasonable accommodation, harassment, and wrongful termination.
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`20.
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`Defendant’s conduct constitutes retaliation under the ADA regarding the failure to
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`provide reasonable accommodation, harassment, and wrongful termination.
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`21.
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`Defendant’s conduct was intentional and/or reckless to Mace’s rights to be free from
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`discrimination based on disability or retaliation for seeking her rights under the ADA.
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`22.
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`As a result of Defendant's violations of t h e ADA, Plaintiff has suffered s e v e r e
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`mental and emotional trauma, actual damages in the form of lost wages and benefits and other
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`losses. Plaintiff requests that s h e be awarded all compensatory damages to which s he is entitled,
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`including loss of wages, m ent al angui sh and em oti onal dist ress, l oss of enj oym ent of
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`l i fe, and puni ti ve dam ages, as well as equitable relief, and attorney fees and costs.
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`Plaintiff’s Original Complaint – Page 5 of 6
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`V.
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`JURY DEMAND
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`23.
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`Plaintiff respectfully requests a trial by jury.
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`VI.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff respectfully prays that Defendants be cited to appear and answer
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`herein and that a jury trial be had, and that judgment be entered for Plaintiff against Defendants
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`Republic Health Corporation of Rockwall County d/b/a Republic Health Rockwall; and Lake Pointe
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`Operating Company, L.L.C. d/b/a Baylor Scott & White Medical Center – Lake Pointe, based on
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`such a verdict, declaring and awarding the following:
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`a) That Defendant violated Plaintiff's rights under the Americans with Disabilities Act
`through discrimination, harassment, and/or retaliation;
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`b) Actual and compensatory damages for the period of time provided by law, including
`appropriate l e g a l d a m a g e s f o r back pay, unpaid back wages at the applicable
`overtime rate, and lost past benefits;
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`c) Other compensatory damages as allowed by law, including emotional distress, mental
`anguish, and loss of enjoyment of life;
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`d) Reasonable attorneys' fees, court costs and expenses of this action;
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`e) Expert witness fees incurred by Plaintiff in the preparation and prosecution of this action;
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`f) Pre-judgment and post-judgment interest as allowed by law; and
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`g) Such other and further relief as may be allowed by law or in equity.
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`RESPECTFULLY SUBMITTED,
`/s/ Eric N. Roberson
`__________________________________________
`Eric N. Roberson
`Texas State Bar No. 00792803
`Kilgore & Kilgore, PLLC
`3109 Carlisle Street
`Dallas, TX 75204
`214-379-0817 Direct
`214.969.9099
`214.379.0843 Fax
`ENR@KilgoreLaw.com
`ATTORNEY FOR PLAINTIFF TRESA MACE
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`Plaintiff’s Original Complaint – Page 6 of 6
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