Sales rep accuses Nestle of discrimination

By Kyla Asbury | Apr 29, 2015

HUNTINGTON – A woman is suing Nestle Healthcare Nutrition Inc. for discriminating against her and violating West Virginia law.


HUNTINGTON – A woman is suing Nestle Healthcare Nutrition Inc. for discriminating against her and violating West Virginia law.


Nestle Health Science and Nestle USA were also named as defendants in the suit.


Kathryn Townsend was employed by the defendants as a sales representative, according to a complaint filed in Cabell Circuit Court.


Townsend claims she was required to use Family Medical Leave starting on June 10, 2013,  and she regularly kept her employer advised as to her medical condition and anticipated date of return to work and provided medical information from her medical provider.


On Nov. 26, 2013, Townsend was terminated from her employment by letter, effective Dec. 2, 2013, on the basis that an indefinite leave of absence was not a reasonable accommodation and that it needed to reassign her work.


Townsend claims she could've returned to her position in January 2014, and a continued leave of absence was a reasonable accommodation as the defendant did not fill her position, which was its stated reason for the denial of further accommodation.


The plaintiff's termination was discriminatory and based upon her disability, which violates the West Virginia Human Rights Act.


Townsend claims she suffered economic and non-economic losses, including loss of pay; emotional pain and suffering; mental anguish; and loss of enjoyment of life.


Townsend is seeking compensatory and punitive damages. She is being represented by Amy C. Crossan of Bouchillon, Crossan & Colburn LC.


The case is assigned to Circuit Judge F. Jane Hustead.


Cabell Circuit Court case number: 15-C-217

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