A long-serving employee has accused her former employer of unlawful termination, alleging that she was dismissed due to her disability and gender despite nearly seventeen years of dedicated service. The complaint was filed by Erin McEwen in the United States District Court for the Northern District of Georgia on March 9, 2026, naming CaptiveAire Systems, Inc. as the defendant.
According to the filing, McEwen claims violations of both Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act as amended by the ADA Amendments Act of 2008. She is seeking back pay, lost economic benefits, compensatory damages, punitive damages, attorneys’ fees, and costs related to litigation.
The complaint details McEwen’s employment history with CaptiveAire Systems. She began working for the company almost seventeen years ago and held the position of Sales Engineer at the time her employment ended. Throughout her tenure, McEwen reports that she received no negative performance reviews or disciplinary actions. She states that she took on challenging projects, trained new employees across various departments, and adapted to multiple roles in different corporate locations.
McEwen’s health challenges began in 2019 when she started experiencing symptoms later diagnosed as Stiff Person Syndrome (SPS), a condition described in the filing as causing severe pain, muscle spasms, and difficulty walking. Despite these symptoms becoming more pronounced over time—including an incident during a jobsite visit in July 2022—she continued to work full-time without taking sick leave while seeking medical answers from numerous professionals.
In August 2022, McEwen was formally diagnosed with SPS. She notified her supervisor at CaptiveAire Systems about her diagnosis but alleges that her condition was met with indifference; according to McEwen’s account in the complaint, her supervisor referred to it as “Stick Person Syndrome.” Despite this response, McEwen continued working remotely—a role she had held since April 2012—fulfilling all essential job functions even after her diagnosis.
The dispute escalated when McEwen transitioned to working exclusively for CaptiveAire’s Atlanta office beginning September 2023 at management’s direction. She asserts that while male colleagues without disabilities were allowed flexibility in their roles or did not face similar demands regarding physical presence in the office or job sites, she was pressured to work from the Atlanta office one day per week despite offering medical documentation supporting remote work as a reasonable accommodation under federal law.
McEwen claims that although initially told by management there would be no need for paperwork regarding accommodations—and that remote work could continue—her supervisor later assigned her full-time duties in Atlanta and set conditions that allegedly made it difficult for her to succeed. The complaint further alleges that after raising concerns about sales performance metrics and requesting continued accommodation for remote work due to medical needs, she was abruptly terminated on June 28, 2024 under what CaptiveAire described as a “layoff.” Human Resources reportedly cited a need for “boots on the ground” as justification for ending her employment.
The lawsuit outlines four counts: discrimination and failure to accommodate under the ADAAA due to actual disability; discrimination under ADAAA based on being regarded as disabled; retaliation under ADAAA following requests for accommodation; and sex discrimination under Title VII due to less favorable treatment compared to male peers. Each count seeks remedies including back pay from termination date through potential reinstatement (with consideration for raises and benefits), compensatory damages for emotional distress and loss of enjoyment of life, punitive damages intended as deterrence against future conduct by CaptiveAire Systems, attorneys’ fees and costs.
McEwen also requests declaratory judgment stating that CaptiveAire violated federal law along with a permanent injunction prohibiting further unlawful employment practices by the company.
The case is represented by attorney Thomas J. Mew IV of Buckley Bala Wilson Mew LLP (Georgia Bar No. 503447). The case identification number is 1:26-cv-01308-TRJ-CMS.
Source: 126cv01308_Erin_Mcwen_v_Captiveaire_Complaint_Northern_District_of_Georiga.pdf
