Disabled worker sues Delta over termination

Jul 30, 2010 — Pioneer Press

Gita Sitaramiah

Jul. 30, 2010 (McClatchy-Tribune Regional News delivered by Newstex) -- A former Delta (NYSE:DAL) Air Lines employee in the Twin Cities has filed an employment discrimination lawsuit in federal court against the company, claiming she was wrongfully fired because of a disability she sustained on the job.

Nancy Grozdanich-Lipinski, a facilities lead technician who was terminated Oct. 20, seeks at least $150,000 in compensatory and punitive damages. The Inver Grove Heights woman had worked for Delta and the former Northwest Airlines since 1997.

Lipinski wants her job back, said Ashwin Madia, her attorney. "We're still unclear why they let her go in the first place because she loved her job and excelled at it," he said.

Delta, which acquired Eagan-based Northwest in 2008, said it doesn't comment on pending litigation.

Lipinski has made a claim under the Americans with Disabilities Act and the Minnesota Human Rights Act. She filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission and on May 3, the EEOC issued a notice of right to sue.

According to her lawsuit filed this week, Lipinski started work for Northwest in 1997 as a maintenance technician in the facilities department. In September 2005, Lipinski accepted the supervisory position facilities lead technician. During her tenure, she received multiple awards for safety and attendance, letters of recommendation from vice presidents and supervisors and advanced certifications, the lawsuit said.

On July 20, 2007, Lipinski suffered an injury to her

lower back on the job. She underwent physical therapy and surgery multiple times between July 2007 and April 2008. Lipinski was diagnosed with lumbar degenerative disk disease and placed on permanent medication restrictions, allowing her to lift, push or pull no more than 40 pounds and requiring that she not engage in constant repetitive lifting, bending or twisting, the lawsuit said.

She told her supervisor about the permanent restrictions and continued to perform her job functions satisfactorily, according to the suit.

On July 15, 2008, Lipinski suffered a neck injury on the job and was diagnosed with thoracic pain, cervical spinal stenosis and cervical spondylosis. Between July 2008 and January 2009, Lipinski underwent physical therapy multiple times but continued to earn accolades from managers for her work performance, the lawsuit said. Ultimately, doctors deemed the neck injury permanent but decided against any new work restrictions.

The company held a disability accommodations meeting on Feb. 16, 2009, to discuss the permanent restrictions that had been in place for a year. The lawsuit alleges that she was handed a new job description with more detailed job functions and told she was to be put off the property until she could meet the new job requirements. The new job requirements included occasional pushing/pulling with a force up to 50 pounds, the only function Lipinski was unable to perform. She said she felt she could continue doing her job, but she was escorted off the property and her manager took her keys and security badge.

In a letter from a Delta representative on Feb. 20, 2009, Lipinski was told her permanent restrictions affected her ability to perform certain essential functions of a facilities technician. Delta put her on a six-month medical leave of absence and terminated her employment on Oct. 20, 2009. Lipinski learned of her termination while talking to a Delta representative on the telephone about returning to work, according to the lawsuit.

After filing the EEOC claim, Lipinski received a call from a Delta employee, saying Delta had made a mistake on termination and that Lipinski had two years to look for a job within her restrictions, the lawsuit said. But Delta has continued a line of procedural posturing and has "constructively discharged" Lipinski, the lawsuit alleges.

Gita Sitaramiah can be reached at 651-228-5472.

Newstex ID: KRTB-0190-47465823