Federal Agency Charges Rehabilitation and Assisted Living Facility Fired Nurse With Sleep Disorder

HOUSTON – VibraLife of Katy, LLC, a rehabilitation and assisted living facility in Katy, Texas, violated federal law when it denied an employee an accommodation for her sleep disorder and then fired her, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

According to the lawsuit, VibraLife hired an employee with a sleep disorder for a night-shift position. The job posting required the selected candidate to work 36 hours per week via three 12-hour shifts. Upon beginning her employment, the employee was notified that she would be required to work a fourth 12-hour shift every other week. The employee promptly requested an accommodation that her schedule be limited to the express terms of the job posting. Shortly after receiving the employee’s request for a reasonable accommodation, the employee was demoted and subsequently terminated.

Such alleged conduct violated the Americans with Disabilities Act (ADA), which prohibits disability discrimination and retaliation against an employee with a disability. The EEOC filed suit (EEOC v. VibraLife of Katy, LLC, Civil Action No. 4:24-CV-02861) in U.S. District Court for the Southern District of Texas, Houston Division, after first attempting to reach a pre-litigation settlement via its conciliation process. The EEOC is seeking back pay, compensatory damages, and punitive damages for the employee, as well as injunctive relief to prevent future discrimination.

“The EEOC remains steadfast in its commitment to enforce the ADA”, said Rayford Irvin, district director of the Houston office. “The agency will take legal action against those who engage in unlawful discrimination.”

Joseph Unruh, a trial attorney for the Houston District Office, said, “The ADA requires employers to accommodate employee disabilities and prohibits them from firing people because of those conditions. This lawsuit demonstrates that employees have the right to exercise their right to request reasonable accommodation under the ADA and should not be treated adversely when they do.”

For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.

The EEOC’s Houston District Office has jurisdiction over southeast Texas, as well as all of Louisiana.

The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov.