Case 3:21-cv-00645-JAG Document 1 Filed 10/12/21 Page 1 of 6 PageID# 14
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`Richmond Division
`
`Civil Action No.
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`3:21cv645
`
`(Trial By Jury Demanded)
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`Toinina Williams,
`
`Plaintiff,
`
`v.
`
`UHS of Delaware, Inc.,
`Universal Health Services, Inc.,
`and Atlantic Regional Central
`Business Office,
`
`Defendants.
`
`COMPLAINT
`
`COMES NOW, Plaintiff Toinina Williams, by counsel, and moves this Court for entry of
`
`judgment in her favor against Defendants UHS of Delaware, Inc., Universal Health Services, Inc.,
`
`and Atlantic Regional Central Business Office (collectively UHS
`
`) and
`
`in support of her Complaint states as follows:
`
`INTRODUCTION
`
`1.
`
`Plaintiff Toinina Williams brings this action against the UHS Defendants pursuant
`
`to the Americans with Disabilities Act
`
`, 42 U.S.C. § 12101, et seq., for unlawful
`
`discrimination based on her disability by failing to reasonably accommodate her disability in the
`
`application and hiring process, discriminating against her in the application and hiring process,
`
`and failing to hire her because of her disability.
`
`PARTIES
`
`2.
`
`Plaintiff Toinina Williams is a citizen and resident of the County of Chesterfield,
`
`Commonwealth of Virginia.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`Richmond Division
`
`Civil Action No.
`
`3:21cv645
`
`(Trial By Jury Demanded)
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`Toinina Williams,
`
`Plaintiff,
`
`v.
`
`UHS of Delaware, Inc.,
`Universal Health Services, Inc.,
`and Atlantic Regional Central
`Business Office,
`
`Defendants.
`
`COMPLAINT
`
`COMES NOW, Plaintiff Toinina Williams, by counsel, and moves this Court for entry of
`
`judgment in her favor against Defendants UHS of Delaware, Inc., Universal Health Services, Inc.,
`
`and Atlantic Regional Central Business Office (collectively UHS
`
`) and
`
`in support of her Complaint states as follows:
`
`INTRODUCTION
`
`1.
`
`Plaintiff Toinina Williams brings this action against the UHS Defendants pursuant
`
`to the Americans with Disabilities Act
`
`, 42 U.S.C. § 12101, et seq., for unlawful
`
`discrimination based on her disability by failing to reasonably accommodate her disability in the
`
`application and hiring process, discriminating against her in the application and hiring process,
`
`and failing to hire her because of her disability.
`
`PARTIES
`
`2.
`
`Plaintiff Toinina Williams is a citizen and resident of the County of Chesterfield,
`
`Commonwealth of Virginia.
`
`
`
`Case 3:21-cv-00645-JAG Document 1 Filed 10/12/21 Page 2 of 6 PageID# 15
`
`3.
`
`Defendant UHS of Delaware, Inc. is a business entity formed and existing under
`
`the laws of the State of Delaware, with a principal place of business in the City of King of Prussia,
`
`Commonwealth of Pennsylvania. At all times relevant herein, Defendant UHS of Delaware, Inc.
`
`transacted business, contracted to supply services or things, and maintained an interest in real
`
`property in the Commonwealth of Virginia and the City of Richmond.
`
`4.
`
`Defendant Universal Health Services, Inc. is a business entity formed and existing
`
`under the laws of the State of Delaware, with a principal place of business in the City of King of
`
`Prussia, Commonwealth of Pennsylvania. At all times relevant herein, Defendant Universal
`
`Health Services, Inc. transacted business, contracted to supply services or things, and maintained
`
`an interest in real property in the Commonwealth of Virginia and the City of Richmond.
`
`5.
`
`Defendant Atlantic Regional Central Business Office is a subsidiary of Defendant
`
`Universal Health Services, Inc. through a management contract with Defendant UHS of Delaware,
`
`Inc., with a principal place of business in the City of Richmond, Commonwealth of Virginia. At
`
`all times relevant herein, Defendant Atlantic Regional Central Business Office transacted business,
`
`contracted to supply services or things, and maintained an interest in real property in the
`
`Commonwealth of Virginia and the City of Richmond.
`
`JURISDICTION AND VENUE
`
`This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§1331 and 1343.
`
`Venue is proper in this District pursuant to 28 U.S.C. § 1391(b)(1) and 28 U.S.C. §
`
`6.
`
`7.
`
`1391(b)(2).
`
`8.
`
`Plaintiff timely filed a Charge of Discrimination with the United States Equal
`
`Opportunity Commission
`
`and
`
`brought pursuant to the ADA. On or about February 12, 2021, the EEOC issued a Determination
`
`2
`
`
`
`Case 3:21-cv-00645-JAG Document 1 Filed 10/12/21 Page 3 of 6 PageID# 16
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`disability and failing to hire the Plaintiff due to her disability. The Plaintiff received a Notice of
`
`Right to Sue from the EEOC dated July 15, 2021 and is filing this action within ninety (90) days
`
`of her receipt thereof.
`
`FACTS AND ALLEGATIONS
`
`9.
`
`Plaintiff Toinina Williams is deaf, and her primary language is American Sign
`
`10.
`
`On or about March 20, 2019, Defendants contacted Plaintiff Toinina Williams to
`
`inform her that a Commercial Billing Manager was interested in interviewing her for the position
`
`of Commercial Billing Specialist and inquiring as to her interest in the position.
`
`11.
`
`On or about March 20, 2019, Plaintiff and a Human Resources representative of
`
`Defendant UHS of Delaware, Inc. and/or Defendant Atlantic Regional Central Business Office
`
`spoke regarding the available position and to arrange an interview. Plaintiff informed the Human
`
`Resources representative that she would need an ASL interpreter for the interview.
`
`12.
`
`On or about March 21, 2019, Defendants Human Resources representative
`
`an ASL interpreter for the interview for the open position. Plaintiff responded that she would need
`
`the interpreter.
`
`13.
`
`On or about March 27, 2019, Plaintiff contacted Defendants Human Resources
`
`representative regarding the interview because Plaintiff had not received any communication from
`
`Defendant since confirming she would need an ASL interpreter.
`
`14.
`
`On or about March 27, 2019, Defendants Human Resources representative
`
`informed Plaintiff that Defendants had decided to close the position to external applications, and
`
`3
`
`
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`Case 3:21-cv-00645-JAG Document 1 Filed 10/12/21 Page 4 of 6 PageID# 17
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`she would not be interviewed or considered for the position. This was a pretext for discriminating
`
`against the Plaintiff in the manners alleged herein.
`
`15.
`
`Defendants refused to provide an ASL interpreter for Plaintiff to accommodate her
`
`disability and allow her to interview for the open position.
`
`16.
`
`Plaintiff was qualified for the Commercial Billing Specialist position such that
`
`refusal to interview Plaintiff and allow her to compete for the position was a refusal
`
`to hire Plaintiff because of her disability.
`
`17.
`
`Plaintiff was able to perform the essential functions of the Commercial Billing
`
`Specialist position with a reasonable accommodation of an ASL interpreter for meetings,
`
`performance evaluations, and other important events.
`
`FOR A FIRST CAUSE OF ACTION
`Discrimination in Violation of the Americans With
`Disabilities Act, 42 U.S.C. § 12112
`(Against All Defendants)
`
`18.
`
`Plaintiff incorporates the allegations contained in paragraphs 1 through 17 as if
`
`specifically set forth herein.
`
`Each Defendant
`
`the meaning of 42 U.S.C. § 12111(2).
`
`Each Defendant was an
`
`Plaintiff is a person with a
`
`42 U.S.C. § 12111(5).
`
`42 U.S.C. § 12102.
`
`deafness is a physical impairment that substantially limits one or more major life
`
`19.
`
`20.
`
`21.
`
`activities.
`
`22.
`
`Plaintiff was
`
`with regard to the employment position she
`
`sought with Defendant within the meaning of 42 U.S.C. § 12111(8). Plaintiff could perform the
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`essential functions of the Commercial Billing Specialist position with or without a reasonable
`
`accommodation.
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`4
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`Case 3:21-cv-00645-JAG Document 1 Filed 10/12/21 Page 5 of 6 PageID# 18
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`23.
`
`Defendants refused to interview Plaintiff for the Commercial Billing Specialist
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`position because of her disability and/or because of her need for an accommodation.
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`24.
`
`Defendants refused to provide a reasonable accommodation to Plaintiff so that she
`
`could compete for the open position and complete the interview and application process, and/or
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`removed her from the list of candidates because of her disability.
`
`25.
`
`Defendants unlawfully discriminated against the Plaintiff, in violation of 42 U.S.C.
`
`§12112, on the basis of disability with regard to job application procedures and hiring in the
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`following particulars:
`
`a.
`
`Limiting, segregating, or classifying a job applicant in such a way that
`
`adversely affects the opportunities or status of such applicant because of the disability of
`
`such applicant;
`
`b.
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`Participating in a contractual or other arrangement or relationship that has
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`the effect of subjecting a qualified applicant with a disability to the discrimination
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`prohibited in this subchapter;
`
`c.
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`Not making reasonable accommodations to the known physical or mental
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`limitations of an otherwise qualified individual with a disability who is an applicant, unless
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`such covered entity can demonstrate that the accommodation would impose an undue
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`hardship on the operation of the business of such covered entity; and
`
`d.
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`Denying employment opportunities to a job applicant who is an otherwise
`
`qualified individual with a disability based on the need to make a reasonable
`
`accommodation to the physical or mental impairments of the applicant.
`
`26.
`
`Defendants and Defendants representatives acted with malice or with reckless
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`5
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`Case 3:21-cv-00645-JAG Document 1 Filed 10/12/21 Page 6 of 6 PageID# 19
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`27.
`
`As a direct and proximate result of Defendants discriminatory acts, Plaintiff has
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`suffered injuries and damages including lost wages and benefits, embarrassment, humiliation,
`
`emotional distress, and other harm.
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`PRAYER FOR RELIEF
`
`28.
`
`Plaintiff prays that this Court grant judgment against the Defendants as follows:
`
`a. For an Order awarding equitable relief, including appropriate back pay and front
`
`pay;
`
`c. For an Order awarding compensatory damages, including emotional distress,
`
`mental anguish, humiliation and embarrassment;
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`d. For an Order awarding punitive damages; and
`
`e.
`
`this action.
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`JURY DEMAND
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`29.
`
`Plaintiff demands a trial by jury.
`
`s and costs incurred in bringing
`
`Respectfully submitted,
`
`TOININA WILLIAMS
`
`/s/ William C. Tucker
`William C. Tucker (VSB No. 40754)
`Tucker Law Firm, PLC
`690 Berkmar Circle
`Charlottesville, Virginia 22901
`(833) 388-2537 Phone
`(833) 388-2537 Fax
`bill.tucker@tuckerlawplc.com
`
`Attorney for Plaintiff
`
`6
`
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