United Healthcare Services, Inc. has been hit with a proposed class action lawsuit filed by a former employee who claims the defendant failed to pay her proper overtime wages and then fired her in retaliation for raising concerns over its pay policies and alleged discrimination against her. The plaintiff says she worked for the healthcare company as a case manager, responsible for visiting participants and recording their answers to medical questionnaires. According to the complaint, the plaintiff worked more than 40 hours per week, but did not receive overtime compensation for the hours she worked above 40.
The plaintiff further argues that her caseload exceeded the legal limit and that the defendant underreported the number of caseloads assigned to employees. She says her workload increased after complaining to management about this allegedly illegal practice.
According to the suit, the plaintiff also informed her supervisor that she suffered from anxiety and depression, but supposedly received a negative response. She claims her superiors adopted the perception that she was unable to do her job because of her condition, for which she was taking medicine.
Even further, the plaintiff believes her supervisor suspected that she was homosexual and discriminated against her by asking her prying questions and sending her to what was described as a “rough neighborhood.” The plaintiff says she complained to the company’s human resources department about her supervisor’s purported discrimination against her.
The suit alleges that the plaintiff “was terminated as a result of her complaints, and/or her nonconformity with traditional gender stereotypes, and/or because of a perception that she could not do her job and that her ability to work was substantially impaired because of anxiety and depression.” On top of the alleged Fair Labor Standards Act violations (FLSA), the complaint claims violations of the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964, and the Florida Whistleblower Act.