Judge says to mediate lawsuit

Valley Health files motion to dismiss $300,000 civil case

By Sally Voth - svoth@nvdaily.com

HARRISONBURG -- A federal judge has referred a civil case between a Shenandoah County woman and Valley Health to mediation.

Kimberly Chamberlain, who had been a pharmacy technician for the health care agency, filed a $300,000 suit in March.

On Wednesday, U.S. District Judge Glen E. Conrad ordered that the case be sent to U.S. Magistrate Judge James G. Welsh for mediation, according to online court records.
The information both sides discuss is to be confidential, the order says.

They have 10 days to schedule mediation.

The suit says Chamberlain was fired in February 2009 for what Valley Health claimed was her failure to file disability paperwork.

Several months previously, Chamberlain had begun to find fine visual tasks more difficult.

Her suit says she had filled out the paperwork, but Valley Health shouldn't have requested her to do so.

The alleged forced-leave violates the Americans with Disabilities Act, according to Chamberlain's suit. She also is seeking her job back.

Valley Health filed a motion to dismiss the lawsuit on Tuesday.

A memorandum in support of the motion says that, based on her allegations, "Chamberlain's alleged impairment was transitory and minor." Disabilities are neither transitory nor minor, the memorandum states.

"Additionally, the Amended Complaint sets forth a legitimate, non-discriminatory reason for termination -- Chamberlain did not submit the paperwork necessary to excuse her absence from work," the memo says.

On Friday, a hearing on Valley Health's motion to dismiss was scheduled for Sept. 9.