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FLORIDA RECORD

Friday, May 3, 2024

Former employee sues City of Tampa alleging discrimination and retaliation for taking medical leave

Federal Court
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Attorney Daniela Carrion of the Linesch Firm | The Linesch Firm

TAMPA – A former employee has filed a lawsuit against the City of Tampa alleging she was discriminated against and terminated from her position in retaliation for seeking FMLA leave.

Scarlett Lopez filed a lawsuit in federal court against the City of Tampa, citing allegations of disability discrimination, retaliation, and pregnancy-related discrimination in violation of the Americans with Disabilities Act, Pregnancy Discrimination Act, Family Medical Leave Act and the Florida Civil Rights Act.

According to court documents, Lopez began her employment with the city and worked as a senior executive aide for at least 1,250 hours in the 12 months preceding her request for leave under FMLA. In her lawsuit, Lopez recounts her positive employment history with the city, receiving commendable performance evaluations and promotions prior to seeking FMLA leave.

Lopez says she she was diagnosed with severe radiculopathy in her back and hyperemesis gravidarum, a pregnancy complication, for which she received reasonable accommodations and FMLA leave. According to the lawsuit, Lopez lost her unborn child and returned to work only to face discriminatory treatment from the defendant, including reassignment, denial of promotions, and the fabrication of a negative performance review. She says she filed a grievance with human resources to report the discriminatory conduct, but the grievance report was denied.

According to the lawsuit, the city terminated Lopez from her employment on August 22, 2022, citing performance issues, but Lopez believes she was terminated for her disability, seeking FMLA leave, her pregnancy-related condition and retaliation for filing a grievance report. 

Lopez says she has filed a charge of discrimination with the Equal Employment Opportunity Commission and received a notice of right to sue.

She is seeking damages for lost wages and benefits, plus interest, court costs, attorney fees and other relief. 

Lopez is being represented by Daniela Carrion of the Linesch Firm in Palm Harbor.

U.S. District Court for the Middle District of Florida Tampa Division case number 8:23-cv-02548

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