SOUTHEASTERN NC — CastleBranch, the Wilmington-headquartered background screening company, is facing a federal lawsuit that alleges a former employee with autism was terminated in violation of the Americans with Disabilities Act.
Attorneys for Arielle Whitaker filed suit on Dec. 27 in the Eastern District of North Carolina; the complaint demanded a jury trial. Other than to waive service of a summons, CastleBranch has not yet responded to the lawsuit in court.
On Jan. 4, the case was selected for mediation, court filings show.
The lawsuit asserts that CastleBranch fired Whitaker in February 2021, after her requests for reasonable accommodations under the ADA were rebuffed by the company.
Whitaker has been diagnosed with “Autism Spectrum Disorder, Level 1,” according to the lawsuit, which limits her ability to “communicate, engage in face-to-face communications, initiate conversations, and to respond as expected.”
Attorneys for Whitaker also allege that CastleBranch violated state law in her termination, and have coupled that charge into the federal lawsuit, which will be presided over by Judge Louise Flanagan.
In a statement on behalf of CastleBranch, attorney Shameka Rolla said the company prides itself on being an equal opportunity employer.
“As such, CastleBranch complies with all employment laws applicable to its business, including the Americans with Disabilities Act,” Rolla wrote. “We are reviewing the complaint allegations and will respond to them through the appropriate court procedures.”
In June 2020, CastleBranch hired Whitaker to screen the documents of medical and nursing students prior to their entry into clinical rotations, according to the lawsuit. A nationally prominent screening company, CastleBranch performs background checks, drug testing and other services related to the verification and obtaining of records.
After her hiring, Whitaker informed her supervisor of her autism diagnosis, according to the lawsuit. Whitaker had additional medical complications that called for work absences in early 2021.
In January of last year, she made a request to work from home for medical reasons, according to the lawsuit. A few days later, the company placed her on a “30-day performance improvement plan” — alleging she had sent “unprofessional” communications over CastleBranch’s instant messaging platform.
During a meeting regarding the performance improvement plan, which included Whitaker’s supervisor and a human resources representative, Whitaker “reminded them that she had Autism and that she was not sure how her communications were unprofessional.”
Before signing the plan put in front of her, in January of last year, Whitaker requested that one of her peers act as a sounding board “for her to vet her communications,” and she also requested that someone be present with her for disciplinary meetings.
“These requests made by Ms. Whitaker constitute requests for reasonable accommodation(s),” according to the lawsuit.
According to the U.S. Equal Employment Opportunity Commission, under the ADA, an employer “is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an ‘undue hardship’ on the operation of the employer’s business.”
The lawsuit continues to state that company officials did not respond to Whitaker’s requests, and instead insisted she sign the performance improvement plan. “They also told Ms. Whitaker that she had to sign the PIP in order for her work-from-home request to be granted,” according to the lawsuit.
On the same day the performance improvement plan was communicated and signed, Whitaker’s work-from-home request was granted, according to court documents.
CastleBranch, however, “granted the request based on Covid-19 reasons because it would be ‘easier’ than granting it for the reasons requested by Ms. Whitaker and her healthcare providers,” according to the lawsuit.
Over the next 30 days, Whitaker’s call for a sounding-board peer, who could “vet her communications,” went unaddressed, the complaint alleged. During the duration of the plan, which expired Feb. 7, Whitaker’s supervisor informed her that she “was meeting or exceeding her performance quotas.”
Then came a medical appointment in late February, in which Whitaker was scheduled for an April 6, 2021 surgery. According to court documents, Whitaker informed her supervisor of the procedure date and requested a medical leave of absence for when the time came. Two days later, Feb. 24, Whitaker was informed on a call “that her employment was being terminated for unprofessional communication in instant messages,” according to the lawsuit.
Though Whitaker had previously requested another person be present on her behalf during disciplinary meetings, no such person was present with her on the call, according to the lawsuit.
“When Ms. Whitaker asked what messages were unprofessional, she was told that ‘the fact you have to ask that question is unprofessional in itself,’” according to the lawsuit. “Ms. Whitaker later received a termination letter from Defendant in the mail. The letter does not indicate the reason for her termination.”
Whitaker had previously filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission, alleging discrimination and relatiation against CastleBranch — a prerequisite for most federal discrimination lawsuits. In turn she received a Notice of Right to Sue.
CastleBranch has 60 days from Monday, Jan. 4 to file a motion or answer to the lawsuit in court. An attorney for Whitaker was not available for comment Tuesday.
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