MIAMI – A Florida teacher at a church-based preschool claims she was wrongly terminated following a second cancer diagnosis.
Plaintiff Maria A. Fonte, 65, filed her lawsuit in the U.S. District Court for the Southern District of Florida, Miami Division, Oct. 28.
Fonte was employed as a preschool teacher at Kendall United Methodist Church in Miami from 2017 to June 7, 2024.
In her 11-page filing, Fonte alleges the church discriminated and retaliated against her, violating the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Florida Civil Rights Act.
“The termination of Plaintiff’s employment caused her to suffer financial injuries, including but not limited to a loss of wages and benefits, and emotional injuries, including but not limited to emotional distress, anxiety, loss of dignity, and other suffering,” the complaint states.
Fonte claims she received “significant praise” for her work during her employment, and never received negative performance reviews.
According to her filing, she continued working after being diagnosed with uterine cancer in 2023 and skin cancer in 2024. Her employer was notified about and aware of both diagnoses, she claims.
Her uterine cancer was treated with surgery, radiation therapy, and chemotherapy. Her skin cancer was treated with surgery.
Fonte claims she took some leaves of absence when necessary.
“Defendant was aware that her leaves of absence were necessitated by Plaintiff’s disabling health conditions,” the complaint states.
However, in June 2024, the church terminated her employment.
“When Defendant’s director notified Plaintiff of her employment termination, her only explanation was, ‘We’ve come to the end of this,’” her filing states.
“Defendant cited no job performance concerns and offered no reasons for the employment termination, despite Plaintiff’s repeated requests for an explanation.”
Fonte alleges she was replaced with a non-disabled person who was about 15 years younger.
According to her complaint, she filed a charge of discrimination with the Equal Employment Opportunities Commission. The charge was cross-filed with the Florida Commission on Human Relations.
Fonte claims the church, in response to her charge filed with the EEOC, called attention to the fact that she “needed more treatment and thus began missing work” during the 2023-24 school year.
“Defendant’s justification for terminating Plaintiff’s employment because she was ‘missing work’ because she took leaves of absence as an accommodation of her disability is a tacit admission that Defendant considered those leaves of absence when it decided to terminate Plaintiff’s employment,” her complaint states.
She argues the church’s retaliation for engaging in conduct protected by the ADA was “outrageous and malicious” and disregarded her rights.
Fonte seeks an award for lost wages and benefits; compensatory damages; punitive damages; reinstatement or award of future wages and benefits; and attorney’s fees.
Miami-based Carpe Diem Law Firm PLLC is representing Fonte in the action.
