Notice of impending dismissal was given in a nurse’s discrimination suit alleging she was wrongfully terminated after she took leave for breast reconstruction surgery following breast cancer.
On June 13, a notice of impending dismissal for want of prosecution was filed by Deputy Clerk Reid Hermann.
The notice states that either plaintiff Donna Crow has failed to effectuate service as required or defendant Southern Illinois Healthcare Enterprises Inc. has been served but failed to move, answer or respond to the complaint.
The parties were given 21 days to effect service, move for default or move to voluntarily dismiss the case.
Crow filed the complaint on Feb. 6 in the U.S. District Court for the Southern District of Illinois, alleging she was diagnosed with breast cancer for a second time on Sept. 11, 2013. She claims she had to apply for leave under the Family Medical Leave Act for breast reconstruction surgery.
She allegedly returned to work on April 14, 2014, and learned she had been replaced.
She was later terminated from her employment for what she claims was a pretextual reason, the suit states.
As a result, Crow claims she suffered loss of income and benefits, mental anguish and loss of reputation.
Crow alleges Southern Illinois Healthcare Enterprises failed to accommodate her for her second reconstruction surgery, retaliated against her for seeking surgery outside of her employer and replaced her with a younger employee at a lower rate of pay.
She seeks a judgment in her favor including back pay and loss of employment benefits, injunctive relief, reinstatement to her previous position and any other relief the court deems just.
She is represented by Teresa Machicao-Hopkins of Machicao and Associates in Marion.
U.S. District Court for the Southern District of Illinois case number 3:17-cv-117