The city of Hope, Ark., the Hope city manager and the city's public works director are named in a federal lawsuit filed in a Texarkana federal court last week alleging violations of the Americans with Disabilities Act as well as racial and gender discrimination.
Kim Holston, who worked for the city's wastewater treatment facility for approximately 18 years, alleges she was forced to retire from her position as wastewater superintendent after recovering from a serious illness. Little Rock lawyer Austin Porter filed the complaint Tuesday in the Texarkana Division of the Western District of Arkansas.
According to the complaint, Holston was hired as a lab tech in January 1987 and was promoted to superintendent in 1999. In April 2014, Holston began experiencing mild seizures and in October the same year experienced a severe seizure, which led to hospitalization and a diagnosis of lesions and swelling in her brain.
Holston returned to work from medical leave in June 2015, the complaint states, but was restricted from climbing stairs or driving and limited to office-only work.
"However, when the plaintiff returned to work, she was placed at a desk in the treatment plant, in the laboratory, and was now being supervised by her lab technician, a person she had trained," the complaint alleges. "In essence, the plaintiff had been demoted in status."
Holston complains that prior to her illness, she had offices in both the plant and the office of public works, but that after returning to work she was "relegated" to a desk in the plant. Holston alleges that a white male was brought out during her medical leave and given the duties she once performed as superintendent.
In December 2015, after being released by her doctor to work without restriction, Holston alleges she was still not permitted to resume the work she had done before she got sick. Holston alleges the city manager, Catherine Cook, required her to acquire additional information about her release to return to work, and she and supplied the requested information Dec. 21, 2015.
"However, after Dec. 21, 2015, the plaintiff was forced to take leave through Jan. 31, 2016," the complaint states. "The plaintiff was forced to take retirement by the defendants."
Holston alleges that Cook told her the city did not have enough employees "to sit with her." Holston accuses the city of making accommodations for white male employees with disabilities that were not made for her.
Holston is asking that she be reinstated to her position as wastewater superintendent with back pay and that the defendants be ordered to reimburse her legal expenses. The case has been assigned to U.S. District Judge Susan Hickey. The defendants have not yet been served with a copy of Holston's complaint, according to the case docket sheet.