Defense Verdict for Cordell & Cordell P.C. as Jury Finds No Retaliation in Paralegal’s Termination

Her termination, just one month after reporting her diagnosis, shocked her. It occurred while she was already struggling with a serious health issue. Cranmer suffered lost wages, emotional distress, and embarrassment due to her firing.

The Defendant caused a breakdown in the process that would have reasonably accommodated Cranmer’s disability. She requested the following relief from the Court:

1. Compensatory damages for mental and physical injuries caused by retaliation, under Section 102 of the Civil Rights Act of 1991, 42 U.S.C.A. Section 1981, or Title VII.
2. Punitive damages for the malicious and reckless indifference described in the complaint.
3. Reasonable attorney fees, costs, and any other relief the Court deems appropriate.

Count I: Retaliation Under Title VII for Reporting Sexual Harassment
Cranmer reported sexual harassment to her supervisor, and Cordell investigated the matter. The attorney responsible for the harassment was terminated. However, Cranmer’s treatment worsened after her report, and she faced complaints and harassment. She was ultimately terminated due to her report of sexual harassment.

Count II: Americans with Disabilities Act – Failure to Accommodate
Cranmer, a disabled person, was discriminated against by Cordell because of her kidney failure. She met the criteria under the Americans with Disabilities Act (ADA), including:

• Cranmer had a disability under the statute.
• Her kidney failure significantly limited her ability to perform major life activities, such as bodily function.
• She had a record of the impairment, as she was diagnosed with kidney failure.
• Cordell knew about her disability after she disclosed it to her supervisor.
• Cranmer was qualified to perform the essential functions of several positions, with or without accommodation, before her termination.
• Cordell failed to engage in discussions to provide reasonable accommodations and fired her because of her disability.

Count III: ADA – Disparate Treatment
Cordell discriminated against Cranmer because of her disability, kidney failure. Cranmer was qualified for several open positions with or without accommodation before her termination. She suffered an adverse employment action due to her disability.

Count IV: ADA – Retaliation
Cordell retaliated against Cranmer because of her disability. Cranmer disclosed her kidney failure and was terminated within a month. She faced adverse employment action after seeking reasonable accommodations and medical care for her disability.

Count V: Violations of the Kansas Act Against Discrimination (KAAD)
Cordell discriminated against Cranmer by terminating her after she disclosed her disability. She was fired because of her kidney failure.

Defendant denied all allegations not specifically admitted and argued Plaintiff was not entitled to relief. Defendant acted reasonably, and its actions were justified, based on lawful business reasons. Plaintiff’s claims were barred in whole or part due to Defendant’s compliance with relevant laws and regulations.

Defendant also denied any wrongful conduct and asserted Plaintiff’s claims failed to state a valid cause of action. Claims were further barred by the doctrines of unclean hands, waiver, unjust enrichment, and estoppel. Additionally, any breach of contract or mediation agreements by Plaintiff barred the claims.

Defendant argued Plaintiff did not suffer the damages claimed, and any potential recovery should be reduced for failure to mitigate damages. Plaintiff was not entitled to punitive damages, as there was no evidence of malicious or negligent conduct.

Plaintiff’s claims under the ADA and Title VII were barred as Plaintiff could not establish the necessary facts. Plaintiff also failed to exhaust administrative remedies. Defendant reserved the right to assert additional defenses, including after-acquired evidence.