TALLAHASSEE, Fla. (WTXL) - A woman is suing the Florida Department of Health for discrimination, claiming she was treated unfairly due to her disabling medical condition.
Sharmin Hibbert, 36, was hired by FDOH in Jan. 2009. Hibbert began employment with FDH as a Senior Attorney, but was promoted twice, eventually reaching the position of Deputy General Counsel in 2015.
Hibbert suffers a health-related condition and during her employment she suffered from a number of medical issues related to that condition.
In 2015, Gov. Rick Scott, appointed Nichole Geary, a white female, as General Counsel of the Department of Health. She was hired at FDOH about one month after Hibbert's promotion to Deputy General Counsel.
According to court documents, until Geary's appointment, Hibbert had received praise from previous General Counsels of FDOH and her team consistently earned employee recognition awards.
As soon as Geary assumed her duties as General Counsel however, document say Geary began to create a hostile environment for Hibbert.
The woman asserts that Geary's treatment of her was "far different than the way Geary treated the other Deputy General Counsels, both of whom were non-disabled."
In Dec. 2015, Hibbert began to experience more significant negative health effects from her health-related issues.
Due to her medical issues, Hibbert took sick leave, but continued to work from home. Hibbert says she often went to work while not feeling well, for fear of retaliation by Geary.
Even though Hibbert occasion took sick leave, documents say Hibbert continued to work at home and was carried out all her work duties.
Eventually, Hibbert and Geary met in March 2016 and Geary pointed out Hibbert's absences. Hibbert tried to tell Geary that the absences were due to her medical issues, but Geary directed her not to work at home any more.
Documents say the Wednesday before Hibbert was fired, Geary discussed with her the possibility of alternative placement within FDOH and falsely claimed someone from HR had contacted Hibbert about an ADA accommodation.
The suit asserts Hibbert was never contacted by HR. In fact, when Hibbert reached out to HR, she was told her condition did not qualify for an ADA accommodation.
Hibbert was terminated on April 26, 2016 when she resigned under duress.
Based on Hibbert's treatment by Geary and others at the FDOH, she is suing them for handicap/disability discrimination, claiming FFDOH took action against her as a result of her condition and refused to accommodate her.
Hibbert is also suing the Surgeon General and Secretary of FDOH, Celeste Philip, for racial discrimination.
