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Posted On: January 2, 2011 by Peter M. LaSorsa

Former Apple Employment Files Lawsuit In Illinois For Disability Discrimination

Former Apple employee Nicole Sutton filed a discrimination lawsuit in the U.S. District Court of Illinois alleging Apple discriminated against her in violation of the Americans With Disabilities Act ("ADA"). The allegations include negative job actions after treatment by a psychiatrist for a nervous disorder, the company keeping her in limbo without duties for several months because of the disability and Sutton being denied a promotion after Apple questioned her mental stability.

The complaint says that she was not mentally ill and she was constructively discharged by Apple’s actions. A constructive discharge occurs when an employee is under such harsh conditions that she must quit and therefore it is treated as a termination by the company if able to be proved. Sutton also claims she suffered humiliation, emotional distress and is seeking $300,000 in damages.

Sutton said "her medical condition was improperly disclosed to Apple store personnel by the company handling her disability claim."

In Illinois one must first file a claim with the Equal Employment Opportunity Commission ("EEOC") prior to filing a lawsuit in federal court for employment discrimination. Of course if you file with the Illinois Department of Human Rights ("IDHR") they will automatically cross-file with the EEOC.

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