A petition for damages was filed Feb. 19 in the Circuit Court of Daviess County by Jacklyn L. Parker. Dana Carder, supervisor, and the 9-1-1 board are the defendants. Board members are Larry Belshe, John Sullenger, Gene Walker, Mark Richards, Daniel Skinner, Alan Bradford and Jerry Urton.
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Count I of the petition claims disability and/or perceived disability discrimination in violation of the MHRA (Missouri Human Rights Act). Count II claims retaliation in violation of the MHRA, which the petitioner says occurred on a continuous basis after April 17, 2009, while she was employed with Daviess County 9-1-1.
The petition requests that the court grant her, pursuant to a verdict by a jury, judgment against defendants in an amount that is fair and reasonable, along with punitive damages, and for her costs and attorney fees, and for such other relief as the court deems just and proper. Other judgments, awards and requirements are listed in the petition.
Jacklyn Parker began employment as a 9-1-1 dispatcher in October, 2000. Her immediate supervisor was Dana Carder. Mrs. Parker worked with five or six other employees in the 9-1-1 office. The petition states that Mrs. Parker had never been formally disciplined or written up.
Mrs. Parker also worked part-time at Caldwell County as a dispatcher from January 2007 to the present.
On or about April 17, 2009, Mrs. Parker had a heart attack at 4 a.m. at her home in Daviess County. She was treated at the Cameron Regional Medical Center and then taken to North Kansas City Hospital. She was released on July 2, 2009.
On July 3, 2009, Mrs. Parker’s petition says she received a registered letter from her employer’s lawyer requesting a HIPAA (Health Insurance Portability and Accountability Act) release form, which authorized her employer to have access to her entire medical files.
Mrs. Parker refused to sign the release and sought legal advice. Her attorney is David A. Lunceford.
The petition claims that in retaliation for her refusal to sign the HIPAA release and her claim that they were discriminating against her, Mrs. Parker’s employers requested a release for all of her treating physicians (cardiologist, pulmonary therapist, physical therapist and neurologist.)
Mrs. Parker gave them six releases, three from the cardiologist, one from the pulmonary therapist, one from the physical therapist, one from the general practitioner. She states in the petition that she was never treated by a neurologist. This was provided to the defendant’s attorney, Micha L. Dixon.
Mrs. Parker claims in the petition that she was then terminated and denied re-entry back to her former dispatch job because she failed to provide a neurologist release, despite informing the defendants that she was not treated by a neurologist, and was working part-time at Caldwell County and physically capable of returning to work.
Three board meetings were held in which Mrs. Parker’s request to come back to work was discussed.