Montgomery General Elderly Care accused of discrimination

FAYETTEVILLE - A nursing assistant is suing her employer for alleged discrimination.

Glasgow resident Elizabeth Starcher filed suit on Oct. 2 in the Circuit Court of Fayette County against Montgomery General Elderly Care Center in Fayette County, her former employer, over alleged discriminatory practices under the West Virginia Human Rights Act.

The case file states that Starcher worked as a certified nursing assistant at the Care Center from August 2011 to October 2011. At the time of her employment, Starcher says she was pregnant and told by her doctor that she should not work more than eight hours per day, 40 hours per week or lift more than 20 pounds.

After presenting a written order from her doctor, Starcher says in the suit that her employment was terminated because "light duty" was not available to her. The lawsuit also states that Starcher was told that "light duty" was only for employees who were injured while working.

Starcher is demanding a jury trial and seeking damages including but not limited to back pay, front pay, interest and counsel fees.

The plaintiff is represented by Michael T. Clifford and Richelle K. Garlow of Charleston.

Fayette County Civil Action No. 13-C-258.