Nicole Sullivan, 22, has filed a federal employment discrimination lawsuit against Apple Computer Inc. in the Northern District of Illinois for alleged disability bias, according to AppleInsider.com. She began working at the SoHo (New York City) Apple Store in 2008 and took a leave absence for a nervous disorder the following year, seeking out the services of a psychiatrist.
She was given disability leave through a third party and was assured the details of her condition would not be released to Apple, in compliance with medical privacy laws. But she claims it was "obvious" that the store's employees and the human resources director somehow knew about her condition.
Nicole Sullivan claims she was replaced from her job while she was on leave and told she was in a "holding pattern" until another position was found for her. She was sent to a room in the store's basement, where she sat at a vacant desk without any specific work to do, according to the complaint:
"Many days went by and still Plaintiff was not assigned to any particular job, despite requesting that she be assigned to one. Plaintiff busied herself occasionally helping others but there were days where she had nothing to do."
She claims she was denied one position to which she had applied, and was allegedly told "there were questions about her mental stability." She eventually moved to Chicago because she was told there was a job at the Windy City's Apple Store. After she didn't get a job in Chicago, she called an Illinois employment lawyer and filed suit.
Her lawsuit claims Apple practiced "malice and reckless indifference" to her rights, arguing that she was denied positions because of a "perceived disability." Although she was cleared by the psychiatrist of mental illness, the Americans with Disabilities Act protects those who claim bias on the basis of perceived disabilities as well.
She's suing for $300,000 in punitive damages and also is seeking back pay, front pay, employment benefits and other compensation.
Talk to a Chicago employment lawyer if you have been mistreated because of a real or perceived disability.
Related Resources:
- The Americans with Disabilities Act - Overview (FindLaw)
- Search for Illinois Employment Lawyers (FindLaw)
- Miles to Go: Caltrans Settles ADA Lawsuit for $1.1 Billion (FindLaw's Decided Blog)
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