Former nurse says CAMC discriminated against her

CHARLESTON - A former registered nurse is suing Charleston Area Medical Center Inc. for discriminating against her because of her disability.

Rachel E. Perry was employed as a registered nurse from Dec. 14, 2004, until Jan. 23, according to a complaint filed May 8 in Kanawha Circuit Court.

Perry claims in October she requested and granted intermittent leave pursuant to the Family and Medical Leave Act and was granted intermittent leave from Oct. 25 until Jan. 23.

Subsequently, Perry called in once in November and once in December in accordance with her intermittent leave request and CAMC terminated her employment because she took leave pursuant to FMLA, according to the suit.

Perry claims CAMC unlawfully discriminated against her because of her disability and violated the West Virginia Human Rights Act.

CAMC's actions also violated the Family and Medical Leave Act, which entitles eligible employees to take up to 12 work weeks of unpaid leave annually for a serious health condition that makes the employee unable to perform the functions of the employee's position, according to the suit.

Perry claims as a result of the defendant's intentional and reckless conduct, she suffered emotional distress, including grief, shame, humiliation, embarrassment, anger, chagrin, disappointment, worry and nausea to a degree that no reasonable person should be expected to endure.

As a result of the defendant's outrageous conduct, Perry will likely continue to suffer severe emotional distress in the future, according to the suit.

Perry is seeking compensatory and punitive damages with pre-judgment interest. She is being represented by Richard W. Walters and Frank J. Venezia of Shaffer & Shaffer PLLC.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 13-C-906