Fired employee sues Madison County courts

Dec. 16--ANDERSON -- A former employee in Madison Circuit Court Division 3 has filed a federal lawsuit alleging the court violated her rights under the Americans with Disabilities Act.

Melba Jackson began working in Circuit Court 3, where Thomas Newman Jr. is the presiding judge, in November 2014, and was promoted to court reporter in October 2016, according to the complaint filed in U.S. District Court, Southern District of Indiana.

Jackson began suffering from "stroke syndrome" in January.

"During an episode, Jackson's health condition substantially limits her ability to perform several major life activities, including, but not limited to, her ability to care for herself, perform manual tasks, stand, concentrate, think, communicate and work," according to the complaint.

Jackson informed the court of her disability and requested accommodation for it, which she alleges was denied.

From Feb. 13 to Feb. 27, 2017, Jackson took a leave of absence from work under the Family and Medical Leave Act.

Newman said he could not comment on a pending legal case, nor could Kathryn Dolan, public information officer for the Indiana Supreme Court.

When she returned to work, Jackson was moved to the back of the office, and a non-disabled worker assumed her job duties, according to the complaint. Jackson said she was demoted and given new duties such as filing and mailing.

On March 10, after Jackson made several complaints about being moved, Jackson claims she was told, "I moved you because I didn't want you to have another stroke," by a manager. It isn't clear from the complaint who made that statement.

Later that day, Jackson said, she was fired.

Jackson claims her rights as protected by the Americans with Disabilities Act were violated because the court did not accommodate her disability.

Not only were her rights violated, Jackson said, the court engaged in retaliation against her through demotion and, eventually, termination. She also alleges the court interfered with her rights, under FMLA, by refusing to provide Jackson with the same or equivalent position that she had before taking leave.

Jackson is asking for reinstatement to the position, salary, and seniority level she would have had before the court's action.

The Madison County courts have not yet answered Jackson's complaint.

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