After complaining to her supervisor about the nature of her meeting with the human resources director, Simpson submitted her medical forms for FMLA approval in February 25, 2011 and received HR approval three days later, the suit states. She was then on "intermittent FMLA" during March, April and May 2011, the suit states.
In July 2011, the suit says Simpson was placed on a performance improvement plan for failing to meet her enrollment numbers the previous fiscal year when she was on FMLA leave, but she met her numbers during the next enrollment period.
In January 2012, Simpson "repeatedly" requested but did not receive a meeting to discuss the end of her performance improvement plan with a supervisor, the suit states.
Later that month, Simpson was diagnosed with restrictive lung disease, was sent to Urgent Care for treatment, the suit states, and informed her employer that she would be out for two days but her employer did not respond.
Days later, she met with the human resources director, complaining she was being retaliated against for taking FMLA leave, and was terminated.
Simpson's suit accuses the university on three points. First, she states the university interfered with her right to use FMLA and was terminated in retaliation for attempting to use FMLA for her medical condition.
"You're entitled to FMLA for serious health conditions. They retaliated against her for taking FMLA," Schaefer said.
Second, the suit accuses the university of invasion of privacy after it disclosed facts about Simpson "that were private in nature" to the public "and were not of a legitimate concern to the public."
Third, the suit accuses the university of violating a state law against "unlawful prohibition of legal activities," for being terminated for "lawful activity off the premises of the employer during nonworking hours."
"It's a form of discrimination pursuant to Colorado law," Schaefer said about the university's alleged inquiries and actions about his client's relationship with her boyfriend.