IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

 GAINESVILLE DIVISION

SHAWNTA WALKER, )

)

Plaintiff, )

)

v. ) Civil Action No.:

)

CENTENE MANAGEMENT COMPANY, )

LLC, and HEALTHCARE SUPPORT )

STAFFING, INC., )

)

Defendants. )

____________________________________)

COMPLAINT

COMES NOW the Plaintiff, SHAWNTA WALKER, (“PLAINTIFF”), and files this 

Complaint against Defendants, CENTENE MANAGEMENT COMPANY, LLC (“CENTENE”)

and HEALTHCARE SUPPORT STAFFING, INC., (“HSS”) (collectively “DEFENDANTS”)

respectfully stating unto the Court the following:

GENERAL ALLEGATIONS

1. This is a cause of action to recover damages, attorney fees, and other relief from 

DEFENDANTS for violations of the Americans with Disabilities Act and the Florida 

Civil Rights Act. 

2. At all relevant times, PLAINTIFF, was a citizen and resident of Alachua County, 

Florida.

3. At all material times, DEFENDANT CENTENE was a Wisconsin corporation and a 

multi-line managed care enterprise that served as an intermediary for both governmentsponsored and privately insured health care programs including in Alachua County, 

Florida, which is where PLAINTIFF worked at all relevant times.

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4. At all material times, DEFENDANT HSS was a Florida corporation that provided 

temporary staffing to companies such as CENTENE and it was through HSS that 

PLAINTIFF worked for CENTENE.

5. DEFENDANTS were joint employers with regard to PLAINTIFF and “employers” 

within the meaning of 42 U.S.C. §§ 12111(5) in that they engaged in an industry 

affecting commerce and each had more than 15 employees for each working day in 

each of 20 or more calendar weeks in the current and preceding years. 

BACKGROUND

6. On or about October 15, 2018, HSS hired PLAINTIFF to work as a care coordinator

and she was placed with CENTENE. 

7. On or about February 12, 2019, PLAINTIFF informed her supervisor that she was

undergoing testing for cancer and she requested to be accommodated by receiving 

flexible scheduling so she could attend treatments.

8. PLAINTIFF was diagnosed with Stage 3 breast cancer and received chemotherapy. In 

or around March 26, 2019, PLAINTIFF had an incident during which she became dizzy 

and disoriented while attending a party at a client’s house. A co-worker who was at 

the party took PLAINTIFF to the emergency room and it was discovered that 

PLAINTIFF had extremely low blood pressure due to her recent chemotherapy 

treatment. Upon information and belief, the co-worker reported the incident to

PLAINTIFF’S supervisor and PLAINTIFF was terminated within a week.

9. At all relevant times, PLAINTIFF was qualified to perform the jobs she held while 

employed by DEFENDANTS with or without a reasonable accommodation. 

10. At all relevant times, DEFENDANTS acted through their officers, agents, servants and 

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employees.

11. Jurisdiction is conferred on this Court by 28 U.S.C. §§ 1331, 1337 and by 42 U.S.C. 

§§ 12101, et seq.

COUNT I

ADA DISCRIMINATION

12. Paragraphs 1 through 11 are hereby incorporated by reference as though fully set forth 

herein.

13. PLAINTIFF was disabled because she had cancer and DEFENDANTS regarded 

PLAINTIFF as disabled.

14. PLAINTIFF was terminated because of her disability and/or because DEFENDANTS 

regarded PLAINTIFF as disabled.

15. As a result of her termination, PLAINTIFF has suffered embarrassment, lost wages, 

emotional distress and mental pain and anguish.

WHEREFORE, PLAINTIFF demands judgment against DEFENDANT and respectfully 

prays the Court that PLAINTIFF will recover nominal damages, unpaid wages, benefits and other 

economic relief, punitive damages, pre- and post-judgment interest, attorney fees and costs of 

litigation, and other relief by reason of DEFENDANT’S violations of the ADA; for a trial by jury 

on all issues so triable; and, for such other and further relief as the Court may deem just and proper. 

COUNT II

FLORIDA CIVIL RIGHTS ACT

16. Paragraphs 1 through 11 are hereby incorporated by reference as though fully set forth 

herein.

17. PLAINTIFF was disabled because she had cancer and DEFENDANTS regarded 

PLAINTIFF as disabled.

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18. PLAINTIFF was terminated because of her disability and/or because DEFENDANTS 

regarded PLAINTIFF as disabled.

19. As a result of her termination, PLAINTIFF has suffered embarrassment and 

humiliation.

WHEREFORE, PLAINTIFF demands judgment against DEFENDANT and respectfully 

prays the Court that PLAINTIFF will recover nominal damages, unpaid wages, benefits and other 

economic relief, punitive damages, pre- and post-judgment interest, attorney fees and costs of 

litigation, and other relief by reason of DEFENDANT’S violations of the Florida Civil Rights Act; 

for a trial by jury on all issues so triable; and, for such other and further relief as the Court may 

deem just and proper. 

Dated: March 31, 2020

Respectfully submitted,

THE LAW OFFICE OF MATTHEW BIRK

 

/s/ Matthew W. Birk 

Matthew W. Birk

Florida Bar No.: 92265

309 NE 1st Street

Gainesville, FL 32601

(352) 244-2069

(352) 372-3464 FAX

mbirk@gainesvilleemploymentlaw.com

ATTORNEYS FOR PLAINTIFF

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