Lady Justice
ORLANDO – A Florida childcare worker is suing her former employer, alleging she was discriminated against because of her cancer diagnosis.
Plaintiff Heather Johns, a Volusia County resident, filed her lawsuit February 9 in U.S. District Court for the Middle District of Florida, Orlando Division.
The named defendant is Plato’s Playgrounds LLC doing business as Plato’s Playground 3. The company operates childcare centers throughout Florida, including in Lake Helen in Volusia County.
Johns, in her 11-page complaint, alleges Plato’s terminated her employment based on her disability and in retaliation for her having engaged in “protected activity” under the Americans with Disabilities Act, or ADA, and the Florida Civil Rights Act, or FCRA.
In April 2024, Johns claims she began a medical leave of absence to undergo a hysterectomy and then began chemotherapy in June 2024. In early August 2024, she informed Plato’s that she was able to return to work.
“However, Defendant told Plaintiff that it would not be a good idea for Plaintiff to return to work, as it was ‘really stressful,’ and that Plaintiff should get a job somewhere else,” her complaint states. “Further, Defendant told Plaintiff that they have already filled Plaintiff’s job.”
Johns, who began working for Plato’s in June 2023, claims she had performed her job in a “satisfactory manner” leading up to her leave.
The leave, she alleges, was a necessary and “reasonable” accommodation as she was diagnosed with stage 3 cervical cancer.
After contacting Plato’s owner, Johns said she was told they were still hiring and offered her a position in the one-year-olds class at a different location.
She returned to work on Aug. 19, 2024, but still required and requested occasional time off work for chemotherapy and medical appointments.
“A couple of days before she returned to work, Plaintiff had a conversation with Defendant’s owner to request this reasonable accommodation, which was approved,” her filing states.
“Plaintiff was capable of performing the essential functions of her position with or without reasonable accommodations. However, upon Plaintiff’s return, Defendant ostracized Plaintiff and would only speak to Plaintiff to criticize her.”
Then, on Sept. 4, 2024, Plato’s terminated her employment, “offering a merely pretextual reason for the termination,” Johns claims.
“Defendant’s actions were willful and done with malice,” the complaint states.
She seeks compensation for lost wages, including back pay with interest and benefits; reinstatement to a position comparable to her prior position or, in the alternative, front pay; punitive damages; prejudgment interest; and attorney’s fees.
Tampa law firm Wenzel Fenton Cabassa PA is representing Johns in the action.
