ORLANDO – A Florida woman has filed a federal lawsuit against her former employer – a blind services complex in Daytona Beach – claiming it terminated her soon after returning from a kidney transplant.
Plaintiff Shawn Scarbough filed her lawsuit in U.S. District Court for the Middle District of Florida, Orlando Division.
In her 23-page complaint, Scarbough alleges that the “sole reason” defendant Conklin Davis Center for the Visually Impaired Inc. terminated her employment was because of her disability.
“Defendant does not have a legitimate, non-discriminatory reason for firing Plaintiff,” her lawsuit states.
Scarbough, a Daytona Beach resident, was hired by Conklin Davis in October 2024 as a residential instructor.
Conklin Davis, a Florida not-for-profit, is considered the only comprehensive blind services complex in the U.S.
The 42-acre campus is home to the Florida Division of Blind Services District Office, the State Rehabilitation Center for the Blind, the largest Braille and Talking Book Library in the world, and the Conklin Davis Center for the Visually Impaired.
Its 27,000 square-foot facility on an eight-acre campus includes 16 dorm rooms, three apartments, a commercial kitchen, workshops, classrooms, offices, a nature trail, greenhouses, gardens, and more.
Scarbough alleges Conklin Davis discriminated and retaliated against her, violating the Americans with Disabilities Act and Florida Civil Rights Act.
According to her lawsuit, she suffered from kidney disease. She had to have dialysis treatments and also was placed on the kidney transplant list with the Mayo Clinic Transplant Center.
Scarbough contends her former employer was aware of her disability.
“Importantly, Defendant had specific knowledge that Plaintiff was on the kidney transplant list and that if Plaintiff is notified that a potential kidney match has become available for transplant, a fast-paced, highly structured process begins, and Plaintiff must respond immediately and prepare to travel to the hospital right away as human kidneys can only survive outside the body for a limited number of hours,” her complaint states.
On Oct. 23, 2024, Scarbough claims she received a phone call from the Mayo Clinic, informing her that a potential donor kidney had become available.
Consistent with the transplant process, she immediately checked herself into the hospital in preparation.
She also claims she contacted Shayla Bell, her manager, to let her know she received the call from the Mayo Clinic, and that she was in the hospital for the kidney transplant.
Scarbough claims, at that time, she asked if she would need to take FMLA and Bell said she would ask supervisor Chris Dixon. Soon after, Bell notified Scarbough that yes, she would need to take FMLA leave if she was going to be out for more than 30 days.
According to Scarbough’s complaint, Bell then emailed the FMLA paperwork to her. The transplant team completed the paperwork and submitted it via fax on Oct. 28, 2024.
Scarbough claims she also texted Bell a copy of the medical documents from her doctor.
The kidney was a match, and Scarbough had a successful kidney transplant, the lawsuit states.
Scarbough claims her recovery “went well.” In fact, her doctors released her to work after only three weeks.
“Plaintiff contacted Bell and advised her that she was now ready to return to work,” her filing states. “However, two days after Plaintiff informed Bell that she was ready to return to work, Dixon informed Plaintiff that her employment with Defendant had been terminated.”
Scarbough argues that her medical condition is a protected disability under the law.
“Defendant failed to engage in the interactive process to determine whether any accommodation could be given to Plaintiff without creating an undue hardship to Defendant,” the filing states.
“Defendant denied Plaintiff reasonable accommodation as required by state law.”
Scarbough seeks damages including back pay, front pay, compensatory damages, liquidated damages, punitive damages, attorney fees and court costs.
She is represented by The Leach Firm PA in Winter Park, Florida.
