By Brigette Honaker  |  February 14, 2019

Category: Labor & Employment

Three cruise ships in a harborA recent cruise line lawsuit from a former employee alleges that Royal Caribbean Cruises discriminated against a worker for her disability.

Plaintiff Joane C. reportedly started working for Royal Caribbean Cruises as a Groups’ Representative in September 2014. She allegedly suffers from irritable bowel syndrome (IBS) and informed her superiors of her disabling condition.

IBS is a gastrointestinal condition which affects the large intestine and involved cramping, abdominal pain, bloating, gas, and diarrhea (IBS-D) or constipation (IBS-C). The condition is usually chronic.

Joane says that in 2017, a new supervisor was assigned to her department and began to subject her to “differential treatments and/or derogatory comments”. For example, in one-on-one meetings, her supervisor would allegedly make comments such as “you’re never here anyway” and “not even sure why you are even on the groups’ department”.

In September 2018, Joane says she took an intermittent leave under the Family and Medical Leave Act (FMLA) so that she could meet with her doctor to discuss her condition. She stopped for lunch after her appointment, the lawsuit claims.

Days later when Joane returned to work, she was allegedly told by Human Resources that another employee saw her shopping on the day that she took an intermittent leave under FMLA. According to her cruise line lawsuit, Joane denied these allegations and explained how her day went. The human resources associate allegedly asked her for a doctor’s note to prove that she was at the doctor’s office that day. Afterwards, Joane says she received a call from her doctor checking in that she was okay due to a call they allegedly received from her employer requesting a note.

According to the cruise employment lawsuit, her supervisor and the human resources associate were reportedly overheard talking about Joane and wondering when they might be able to get rid of her.

Due to the remarks from her supervisor and the treatment from human resources, Joane reportedly complained to her manager about the “unfair treatment” she was subjected to in comparison to her non-disabled colleagues. She says she was targeted for mistreatment despite the fact that Joane performed her job duties in an “exemplary fashion”.

Joane argues that the discrimination against her was motivated by her taking an intermittent leave in September.

“Defendant’s discrimination intent was motivated by the perception that Plaintiff become [sic] a liability for Defendant, since plaintiff used the defendant’s insurance to treat her condition; and defendant’s unfounded assumption that plaintiff would need to take additional FMLA or other medical leave in order to fully recover,” the cruise line lawsuit claims.

According to the U.S. Department of Labor, FMLA regulations prohibit “discharging or in any other way discriminating against any person, whether or not an employee, for opposing or complaining about any unlawful practice under the FMLA.” Joane claims that the actions of her employers are in violation these regulations.

Joane also claims that the actions of the Royal Caribbean Cruises employees who allegedly discriminated against her were “authorized, condoned, and/or ratified” by the company itself- meaning that the cruise service is liable.

The cruise line employee discrimination lawsuit brings claims under the federal Family and Medical Leave Act. Joane seeks compensatory damages over $15,000, court costs, and attorneys’ fees.

The Cruise Line Discrimination Lawsuit is Case No. 0:18-cv-63166-WPD in the Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida.

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