FORT MYERS, Fla. – A Charlotte County schools employee diagnosed with autism spectrum disorder claims the school system repeatedly failed to “provide, honor, or consistently implement” her approved accommodations.
Plaintiff Heather Thompson filed her lawsuit in U.S. District Court for the Middle District of Florida, Fort Myers Division.
In her 26-page complaint, she alleges defendant Charlotte County School Board violated the federal Americans with Disabilities Act and the Florida Civil Rights Act in their transfer of her position, removal of her duties, restricting access, excluding her from communications, and “denial of meaningful work.”
“Plaintiff alleges disability discrimination, failure to provide reasonable accommodations, failure to promote, discrimination in the terms, conditions, and privileges of employment, unlawful disclosure and mishandling of confidential disability-related medical information, and retaliation,” her complaint states.
Thompson was hired by Charlotte County Schools in March 2021 as a human resources assistant.
According to her complaint, she has autism spectrum disorder and anxiety. She alleges the school board knew of her disability no later than February 2024.
She claims her disability affects, among other things, her ability to process information, communicate, concentrate, and regulate sensory overstimulation caused by sounds, lights, odors, unexpected changes, and other environmental conditions.
“Plaintiff disclosed her disability, supplied supporting medical information, requested accommodations, and participated in Defendant’s accommodation process,” her filing states. “Plaintiff requested, and Defendant approved or agreed to, accommodations intended to allow Plaintiff to perform her job effectively.”
Some of her accommodations included advance verbal and written notice of changes to assignments, duties, instructions, and meetings; advance notice before meetings involving evaluation, performance, or potential discipline; communication of work-related information verbally and in writing; the ability to take breaks, leave an overstimulating environment, or work remotely when necessary; an office or workspace with a door; and flex time to work from home.
However, Thompson alleges the school board failed to provide advance verbal and written notice of changes to her work assignments; added duties to her workload without notice; repeatedly changed procedures without notice; gave same-day or next-day notice of meetings and events; and excluded her from meetings and work-related communications.
“Defendant scrutinized, criticized, or evaluated Plaintiff for alleged performance issues caused or exacerbated by Defendant’s failure to accommodate her,” her complaint states.
She also contends the school board failed to engage in a “good-faith, continuing interactive process” about her accommodation needs.
“Instead, Defendant informed Plaintiff that the existing interactive process was closed and that Plaintiff would need to submit new documentation and new requests to reopen it, despite Plaintiff’s continuing disability-related limitations and Defendant’s failure to implement effective accommodations,” her filing states.
Thompson alleges that in October 2024 the school board involuntarily transferred her to the transportation department.
“Defendant represented that the transfer was related to construction and Plaintiff’s accommodations,” her complaint states. “After the transfer, however, Defendant removed or restricted Plaintiff’s Human Resources duties, access, systems, work opportunities, and responsibilities.”
Her new position, human resources assistant, was ultimately withdrawn from consideration by the school board, she alleges.
“For approximately eight months, Plaintiff lacked meaningful Human Resources duties and access to systems necessary to perform her job,” the complaint states. “Plaintiff was left without a meaningful or purposeful role for substantial portions of her workday.”
And while the school board eventually restored some duties and access, Thompson claims she continues to lack full access to the human resources systems, files, and tools necessary to perform her job.
In addition, she claims that once she engaged in protected activity, the school board increased their scrutiny of her, failed or delayed implementation of accommodations, and denied her promotion opportunities.
Thompson also alleges her human resources peers accessed her confidential disability-related medical information – “without a legitimate business need to do so.”
“After accessing or learning of Plaintiff’s confidential disability-related medical information, one or more Human Resources employees used that information to ridicule, harass, demean, intimidate, or disparage Plaintiff, including by referring to Plaintiff as ‘retarded,’” the filing states.
“The unauthorized access and use of Plaintiff’s confidential medical information caused Plaintiff humiliation, distress, fear regarding the security of her medical information, and a more hostile and discriminatory work environment.”
She contends the school board did not adequately investigate, correct, or discipline those involved in the accessing of her medical information.
In August, Thompson filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission, or EEOC, alleging disability discrimination and retaliation.
She has requested that her charge be dual-filed with the Florida Commission on Human Relations.
She seeks declaratory relief, injunctive relief, back pay, front pay, compensatory damages, costs, and attorney fees.
Mihok Law in Tampa is representing Thompson in the suit.
