A former speech and language pathologist claims she was subjected to discrimination, retaliation, and eventual termination after taking federally protected medical leave and requesting workplace accommodations for her disability. The lawsuit was filed by Melissa Keane in the United States District Court for the Northern District of Texas on March 23, 2026, naming Aveanna Healthcare AS, LLC as the defendant.
According to the complaint, Keane alleges that while employed by Aveanna Healthcare as a speech and language pathologist, she consistently performed her job well until she requested leave under the Family and Medical Leave Act (FMLA) due to a diagnosed anxiety disorder. The suit states that Keane’s FMLA leave began around October 27, 2024, during which time she continued to receive work-related emails from management. She returned to work on January 6, 2025.
Upon returning from leave, Keane asserts that her work environment changed significantly. Her caseload was reduced from twenty patients to five—a reduction that resulted in a substantial decrease in pay. She reports being told that other employees had complained about her patient documentation; however, Keane claims this was inconsistent with prior positive feedback about her work. On January 16, 2025, Keane submitted a request for accommodation under the Americans with Disabilities Act (ADA), supported by a doctor’s note. This request was approved by management member Josh Hubbard on January 17.
Despite this approval, Keane alleges further adverse actions followed. On January 21, she emailed Hubbard expressing concerns about discrimination and retaliation related to her reduced caseload after FMLA leave. According to the complaint, “Nothing was done by Mr. Hubbard.” Instead, Keane says she was required to complete additional training not imposed on other speech and language pathologists who were not disabled or had not taken FMLA leave. Even after completing this training, her caseload did not return to previous levels; she also describes facing increased oversight compared to colleagues.
The complaint details another incident on February 28 when Keane reported that Jennifer Ramsey—a member of management—was discussing Keane’s disability and leave openly in an office where coworkers could overhear. Attempts to follow up with Hubbard were allegedly ignored.
Keane states that she was terminated from employment on March 7, 2025. She contends that “the termination and retaliation experienced by Plaintiff were not present prior to Plaintiff’s request and return from FMLA leave and requesting reasonable accommodations under the ADA.” The lawsuit claims these actions constitute disability discrimination and retaliation under both federal law—the ADA—and Chapter 21 of the Texas Labor Code (Texas Commission on Human Rights Act), as well as violations of the FMLA.
The legal filing outlines several causes of action: violation of the ADA for intentional discrimination based on disability; violation of the TCHRA for similar reasons; interference with rights provided under the FMLA through alleged pressure to return early from leave; post-leave discrimination; and retaliation resulting in termination.
Keane asserts she is qualified for her position with reasonable accommodation for her anxiety disorder—a condition described as substantially limiting major life activities such as focusing or interacting with others—and that Aveanna Healthcare meets all definitions required under relevant statutes regarding employer size and industry.
The complaint states that administrative remedies have been exhausted: “Plaintiff timely filed a charge of discrimination against Defendant with the Equal Employment Opportunity Commission” within ninety days after receiving notice of right to sue from the EEOC.
As relief from the court, Keane seeks judgment against Aveanna Healthcare for damages exceeding minimum jurisdictional limits—including back pay, front pay, past and future medical expenses, mental anguish damages—as well as punitive damages where applicable. She also requests prejudgment and post-judgment interest allowed by law; costs of suit; attorneys’ fees under federal statute; any other relief deemed appropriate; and demands a jury trial pursuant to constitutional rights.
Melissa Keane is represented by Jonathan J. “Jack” Walters of Walters Law Office PLLC in Fort Worth. The case is identified as Civil Case No. 4:26-cv-345.
Source: 426cv00345_Melissa_Keane_v_Aveanna_Healthcare_Complaint_Northern_District_of_Texas.pdf
