Aileen Mullin v. Secretary, U.S. Department of Veterans Affairs

Tampa, Florida employment law lawyer represented the Plaintiff who disability discrimination, failure to accommodate, unlawful disclosure, and retaliation (and/or a retaliatory hostile work environment theories.



In July 2010, Ms. Mullin began to experience respiratory is-

sues at work. Believing that the building she worked in was causing

the respiratory problems, she spoke with someone at the Depart-

ment that month about what could be done to address what she

believed to be issues with the building. According to Ms. Mullin,

the Department did not do anything after she first raised her con-

cerns, and she was told to file a claim for worker's compensation.

Ms. Mullin's respiratory issues worsened over time. In De-

cember 2011 she informed the Department that she was still having

trouble with her breathing and asthma. She asked for an alternative

work schedule to limit the time she spent in the building. She also

sought relocation of her workstation to a different place in the

building.



The Department granted both requests. It limited the num-

ber of days Ms. Mullin was required to be in the office and it

changed her workstation. Although she had requested these ac-

commodations, Ms. Mullin did not consider them effective because

she continued to suffer from respiratory issues.

In January 2012, Ms. Mullin informed the Department that

her respiratory issues were continuing and remained severe. That

same month, she met with human resources specialist Tammi

Clarke and a union representative to discuss her ongoing health is-

sues. Ms. Mullin does not remember whether she made any

USCA11 Case: 22-123544 Opinion of the Court 22-12354

accommodation requests at this meeting, but she recalls that Ms.

Clarke told her that her workstation would be moved from the sec-

ond floor to the third floor.



Ms. Mullin returned to work two days after this meeting and

found that she had not been assigned a new workstation, which

shocked and terrified her. She suffered an asthma attack that day

and went to the hospital. The next time she returned to work, her

workstation had been moved to the third floor.



On January 31, 2012, Ms. Mullin emailed the human re-

sources department asking that an air purifier Ms. Clarke previ-

ously proposed placing in her office on the third floor be put there

without delay. The air purifier was placed in her office two days

later. Ms. Mullin informed the Department that she did not believe

the air purifier would be effective because, based on her research,

it was designed for smaller spaces. She also noted that she would

"have it running full force and [her] fingers [were] crossed.”



In March 2012, Ms. Mullin was diagnosed with breast cancer.

Her oncologist noted in a Family and Medical Leave Act (FMLA)

certification form that she would require a six-month absence at

work for surgery, chemotherapy, and potential radiation. Ms.

Mullin submitted this FMLA form to the human resources depart-

ment.

Summary judgment in favor of the Defendant granted.



Reverse and remand on the unlawful disclosure claim and affirmed on the other claims