Elizabeth Volk sued her former employer, Shawnee Mission Medical Center, Inc. d/b/a AdventHealth Medical Group, in the United States District Court for the District of Kansas, alleging age and disability discrimination, retaliation, FMLA violations, and whistleblowing claims. The defendant moved to dismiss all claims under Rule 12(b)(6).
Factual Overview
Dr. Volk worked as a primary care physician for the defendant from 2016 until her termination on November 11, 2022. She was approximately 65 years old and suffered from medical conditions affecting her eyes and vision. Despite her conditions, she remained able to perform her job duties with or without accommodation. In January 2022, the defendant stopped paying her for supervising advanced practice providers (APPs) and gave those duties to a younger colleague, though she was still expected to continue supervision. Throughout 2022, Dr. Volk’s eye condition worsened, requiring her to limit computer time and occasionally cancel patient appointments. She requested FMLA leave multiple times but was told she didn’t qualify. She also raised concerns about APP supervision compensation, violations of medical board requirements, and other regulatory compliance issues. Two days after her last leave request due to her health condition, the defendant terminated her employment.
Legal Analysis
Age Discrimination: The court found Dr. Volk plausibly alleged age discrimination by showing she was in the protected class, was qualified for her position, suffered adverse employment actions, and was treated less favorably than younger employees. However, the court dismissed her age-based retaliation claim, finding her comments about age discrimination were too speculative and temporally remote from her termination.
Disability Discrimination: The court determined Dr. Volk adequately alleged both disparate treatment and failure-to-accommodate claims under the ADA. She showed she had a disability, remained qualified to perform her job duties, and suffered discrimination, including denial of reasonable accommodations and eventual termination.
FMLA Claims: The court found Dr. Volk plausibly alleged both FMLA interference and retaliation. She demonstrated she requested FMLA leave multiple times, was denied paperwork, and was terminated shortly after her final request.
Whistleblower Claim: The court held Dr. Volk sufficiently alleged whistleblower retaliation under Kansas law by showing she reported perceived violations of rules and regulations to management and was terminated shortly thereafter.
The court denied the defendant’s motion to dismiss on all claims except the age-based retaliation claim, which it dismissed.
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