A recent legal filing alleges that an employee was terminated after her employer failed to accommodate her medical condition and penalized her for absences related to her disability. The complaint was filed by Dawn Howard in the United States District Court for the Northern District of Georgia on March 26, 2026, naming Select Specialty Hospital – Midtown Atlanta, LLC as the defendant.
According to the complaint, Dawn Howard began working as a respiratory therapist for Select Specialty Hospital – Midtown Atlanta, LLC on April 19, 2022. Howard states that she has a documented disability—sickle cell anemia—and was diagnosed with a pulmonary embolism in January 2024. She alleges that this serious medical condition required immediate treatment and prevented her from working during January and February 2024.
The filing outlines that Howard provided valid doctor’s notes to her employer explaining her need for extended leave due to ongoing health issues. Despite these communications, she claims that the hospital assigned disciplinary points for each day she missed work because of her illness. Specifically, Howard alleges she received 19 additional attendance points in February 2024 while hospitalized and recovering from the pulmonary embolism.
Howard further asserts that between February and September 2024 she contacted five different employees at Select Specialty Hospital—including staff at headquarters—seeking assistance or accommodations related to her disability. The complaint states that “Defendant’s employees provided no support or guidance regarding accommodations.” On September 26, 2024, Howard’s employment was terminated after she accumulated a total of 25 attendance points, exceeding the policy limit of 21 points.
The complaint describes how after her termination, Howard was informed by the hospital’s chief executive officer that she could have requested special accommodations due to her disability—a process she says was not made clear prior to losing her job. According to the document: “This information came after the termination and did not prevent Plaintiff from losing her job.”
Howard’s lawsuit brings two main counts against Select Specialty Hospital – Midtown Atlanta, LLC: failure to accommodate under the Americans with Disabilities Act (ADA), and retaliation in violation of ADA protections. She claims that at all relevant times both parties were covered by ADA provisions and that “Defendant failed to engage in an interactive process with Plaintiff to determine reasonable accommodations.” The complaint argues that assigning disciplinary points during medically necessary leave deprived Howard of reasonable accommodations required by law.
On the count of retaliation, Howard contends that “Defendant’s actions were taken in retaliation for Plaintiff exercising her rights under the ADA,” including requesting reasonable accommodations for her documented disabilities. She alleges these actions resulted in harm such as lost wages, emotional distress, and loss of employment.
The lawsuit seeks several forms of relief: compensatory damages for lost wages and economic benefits; compensation for emotional distress; punitive damages intended as punishment for alleged discriminatory actions; reimbursement for litigation costs; attorney’s fees; and any other relief deemed appropriate by the court.
The case is being handled by attorney Jesse L. Kelly of JESSE KELLY PC on behalf of Dawn Howard. The case identification number is 1:26-cv-01624-VMC-JSA.
Source: 126cv01624_Dawn_Howard_v_Select_Specialty_Hospital_Complaint_Northern_District_of_Georgia.pdf
