HUNTINGTON — A Cabell County woman is suing a call center company, alleging disability discrimination.
Danielle Toney filed a complaint May 24 in U.S. District Court for the Southern District of West Virginia Huntington Division against GC Services Limited Partneship, alleging violation of the West Virginia's Human Rights Act and Family Medical Leave Act (FMLA).
According to the complaint, between 2011 and 2013, Toney, an account representative from GC Services, required three surgeries on her hands that resulted to her need time off. Toney says she was not informed of her eligibility for leave rights.
The suit says when Toney returned to work, she was subjected discrimination because she was transferred to a lower position without any explanation, given less hours of work and received disciplinary write-ups.
The plaintiff alleges GC Services refused to provide her with a fair and non-discriminatory workplace, failed to provide individual notice of her FMLA eligibility or rights and responsibilities and failed to provide Toney with reasonable accommodations that would have allowed her to continue to work as a full-time employee and to continue and/or maintain all benefits of being a full-time employee.
Toney seeks trial by jury, back wages, reinstatement and/or front pay, liquidated damages, pre- and post-judgment interest, attorney fees, and all fair and proper relief. She is represented by attorney Hoyt Glazer of Law Office of Hoyt Glazer, PLLC in Huntington.
U.S. District Court for the Southern District of West Virginia Huntington Division case number 3:17-cv-3016