Former employee sues WVU Hospitals for discrimination

By Kyla Asbury | Jul 18, 2013

MORGANTOWN - A Pt. Marion, Pa., woman is suing West Virginia University Hospitals Inc. for allegedly discriminating against her because of her disability and wrongfully terminating her employment.

Margaret M. Clark was employed by the defendant as a registration specialist from Aug. 24, 2009, until March 9, 2012, according to a complaint filed July 10 in Monongalia Circuit Court.

Clark claims during that time she was a good employee and had good performance evaluations.

In January or February 2012, Clark developed a severe medical condition for which she was hospitalized and because of her medical condition, she had to miss work, according to the suit.

Clark claims the defendant knew she was suffering from a debilitating medical condition and had the appropriate paperwork from her doctors and on March 9, 2012, she was fired because of her disability.

On March 30, 2012, Clark had surgery for the medical condition that had caused her to miss work and since the firing, Clark has been cleared by her doctor to return to work, according to the suit.

Clark claims she made an attempt to resolve the matter informally, but the defendant has not reinstated her and although she has actively looked for work, it has been difficult to find a job when she has had to report to potential employers that she was terminated from her previous job.

The defendant's actions violated the West Virginia Human Rights Act and caused Clark to suffer damages, according to the suit.

Clark claims the defendant discriminated against her because of her disability, which has caused her emotional and psychological damages.

The defendant's conduct was so cruel, reprehensible, fraudulent, willful, wanton, malicious and in blatant and intentional disregard of the rights owed to Clark, according to the suit.

Clark was seeking compensatory and punitive damages. She is being represented by Robert M. Bastress III and Elizabeth G. Kavitz of DiTrapano, Barrett, DiPiero, McGinley & Simmons PLLC.

Monongalia Circuit Court case number: 13-C-512

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